Search Rutgers Law Library N.J. Court Opinions

196 STATE OF NEW JERSEY v. LENROY LAURANCE -- rank: 707

... factors one, three, five, six, nine and thirteen applied. See N.J.S.A. 2C:44-1(a)(1) (the nature and circumstance of the offense and ... urge that the judge find any specific mitigating factors. See N.J.S.A. 2C:44-1(b). Addressing issues of merger, the judge determined that the ... mitigating sentencing factors, and concluded aggravating factors one, two, see N.J.S.A. 2C:44-1(a)(2) ("[T]he gravity and seriousness of the harm ... at the time of the crime." Id. at 611 (citing N.J.S.A. 2C:44-1(a)(2)). It suffices to say that the judge carefully ...

docket:	a3696-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	94640

197 STATE OF NEW JERSEY v. WILLIAM SILVI -- rank: 704

... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3), (6) and (9). Noting the "amount of proceeds ... of the offense, and the role of the actor therein," N.J.S.A. 2C:44-1(a)(1). He found no mitigating factors. Further noting there ... failing to find mitigating factors four, five and eight. See N.J.S.A. 2C:44-1(b)(4) ("There were substantial grounds tending to excuse or ...

docket:	a3905-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	56210

198 /usr/local/share/www/libweb/collections/courts/appellate/a2840-18.opn.html -- rank: 704

... made findings regarding the applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and N.J.S.A. 2C:44-1(b). The judge found one aggravating factor nine (the need ... conclude that the judge did not provide any explanation under N.J.S.A. 2C:44- -1(d) addressing the 'serious injustice' exception to the presumption of ... 2840-18T1 7 incarceration for a second-degree crime under N.J.S.A. 2C:44-1(d). Because the 'serious injustice' exception to the presumption of ... the offender,' such as applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1 and the likelihood of the defendant's conviction at trial ... degree' to permit the State to contest the sentence imposed. N.J.S.A. 2C:44-1(f)(2). '[E]xecution of [a] sentence shall be ...

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199 STATE OF NEW JERSEY v. DAVID HENRY -- rank: 704

... In determining the sentence, the judge found one aggravating factor, N.J.S.A. 2C:44-1(a)(9), the need to deter David and others, and one mitigating factor, N.J.S.A. 2C:44-1(b)(7), that David had no prior criminal record. The ... also argues that the judge failed to apply mitigating factors N.J.S.A . 2C:44-1(b)(8) and (9), and considered factors outside of the ... his findings and balancing of the mitigating and aggravating factors, N.J.S.A. 2C:44-1(a) and (b), as follows: Now, frankly, would I like ... defendant indicate that he is unlikely to commit another offense." N.J.S.A . 2C:44-1(b)(9). He gave two reasons for his decision. One ... conduct to warrant exclusion of mitigating factors eight and nine. N.J.S.A . 2C:44-1(b)(8) and (9). The second reason related to ...

docket:	a5663-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	109101

200 STATE OF NEW JERSEY v. LASHAWN FITCH -- rank: 704

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a4828-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-17
status:	Unpublished
citation:
Document Size:	123481

201 A-0STATE OF NEW JERSEY v. JAMES ROYAL -- rank: 704

... t]he risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); "[t]he extent of the defendant's prior criminal record and the seriousness of" his latest convictions, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge rejected defendant's argument that mitigating ... factor four applied, based upon defendant's childhood traumas. See N.J.S.A. 2C:44-1(b)(4) ("[t]here were substantial grounds tending to excuse ... sustained, or will participate in a program of community service," N.J.S.A. 2C:44-1(b)(6), applied to a degree because defendant would be ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). The judge concluded that the aggravating factors ...

docket:	a3432-09
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	84445

202 STATE OF NEW JERSEY v. JOCELYN DAHTA -- rank: 704

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent and seriousness of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor nine, the ... defendant indicate it is unlikely she will commit another offense, N.J.S.A. 2C:44-1(b)(9), based on its determination there 'is hope' for ... conviction reflected that the court also found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) and five, N.J.S.A. 2C:44- 1(b)(5). The court later amended the judgment of ...

docket:	a1795-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-28
status:	Unpublished
citation:
Document Size:	39398

203 STATE OF NEW JERSEY v. DYQUISE V. LEONARD -- rank: 704

... appeal, defendant challenges his sentence on the sole basis that N.J.S.A. 2C:44-1(b)(14), recently enacted by the Legislature and which requires ... for deterring the defendant and others from violating the law. N.J.S.A. 2C:44- 1(b)(3), (6), (9). The court also applied mitigating factor ... willingness of the defendant to cooperate with law enforcement authorities. N.J.S.A. 2C:44- 1(b)(12). As to the CDS charge, the court found ... FOR RESENTENCING. 1. The October 19, 2020, Statutory Amendment to N.J.S.A. 2C:44-1(b)'s List of Mitigating Factors. 2. Defendant and Similarly ... and a Remand is Practicable. POINT II THE AMENDMENT TO N.J.S.A. 2C: 44-1(b) SHOULD BE APPLIED TO DEFENDANT'S PENDING APPEAL UNDER ... new sentencing criteria. We also reject defendant's contention that N.J.S.A. 2C:44- 1(b)(14) is a 'mere matter of practice' or ...

docket:	a3367-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	37772

204 /usr/local/share/www/libweb/collections/courts/appellate/a1136-17.opn.html -- rank: 704

... find aggravating factor one ('nature and circumstances of the offense'), N.J.S.A. 2C:44-1(a)(1), noting that it was Charles who 'held the ... one ('defendant's conduct neither caused nor threatened serious harm'), N.J.S.A. 2C:44-1(b)(1); two ('defendant did not contemplate that his conduct would cause or threaten serious harm'), N.J.S.A. 2C:44-1(b)(2); and seven ('defendant has no history of prior delinquency or criminal activity'), N.J.S.A. 2C:44- 1(b)(7). Charles, who was twenty-five years old when ... The court found that aggravating factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9), outweighed mitigating factor seven ('no history of prior delinquency or criminal activity'), N.J.S.A. 2C:44-1(b)(7). (Da13). The court did not find aggravating ...

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205 STATE OF NEW JERSEY v. CHRISTOPHER DENT -- rank: 704

... file, okay." The judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(9) (the ... deter). The judge also found mitigating factors seven and eleven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal activity); (b)(11) (imprisonment ... State to appeal a sentence imposed upon a defendant. Compare N.J.S.A. 2C:44-1(f)(2) (providing for the State to appeal a sentence ... from a second-degree to a third-degree crime. See N.J.S.A. 2C:44-1(f)(2) (providing that when a defendant is convicted of ...

docket:	a6253-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-05
status:	Published
citation:
Document Size:	86449

206 STATE OF NEW JERSEY v. ANTQUION MILLER -- rank: 702

... were committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); two, the gravity and seriousness of the harm inflicted on the victims, N.J.S.A. 2C:44-1(a)(2); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent and seriousness of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9). The court did not find any mitigating factors ... justify . . . defendant's conduct, though failing to establish a defense,' N.J.S.A. 2C:44-1(b)(4). Defendant argues his mental health and cognitive ...

docket:	a1634-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	45582

207 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 702

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (5) and (9). The judge found no mitigating ... contemplate that his conduct would cause or threaten serious harm). N.J.S.A. 2C:44-1(b)(1) and (2). We do not agree. We are ... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3),(5), (6) and (9). The judge found no ...

docket:	a5996-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

208 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 702

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (5) and (9). The judge found no mitigating ... contemplate that his conduct would cause or threaten serious harm). N.J.S.A. 2C:44-1(b)(1) and (2). We do not agree. We are ... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3),(5), (6) and (9). The judge found no ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

209 STATE OF NEW JERSEY v. TIMOTHY J. CANFIELD -- rank: 702

... of the mitigating factor accounting for a defendant's youth. N.J.S.A. 2C:44-1(b) provides in pertinent part, '[i]n determining the appropriate ... In imposing the sentence, the judge found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (the 'nature and circumstances of the offense, and ... an especially heinous, cruel, or depraved manner'); aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the 'risk that the defendant will commit another offense'); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the 'need for deterring the defendant and others ... As to mitigating factors, the judge found mitigating factor five, N.J.S.A. 2C:44-1(b)(5) (the 'victim of the defendant's conduct induced or facilitated its commission'); mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (the 'defendant's conduct was the result ...

docket:	a2695-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-23
status:	Unpublished
citation:
Document Size:	51612

210 STATEOF NEW JERSEY v. ERICK P. UZCATEGUI -- rank: 702

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also concluded the aggravating factors far ... contemplate that his conduct would cause or threaten serious harm,' N.J.S.A. 2C:44- 1(b)(2); (2) mitigating factor five, that '[t]he victim of defendant's conduct induced or facilitated its commission,' N.J.S.A. 2C:44-1(b)(5), because Marles's modifications of the Jeep contributed ... period of time before the commission of the present offense,' N.J.S.A. 2C:44- 1(b)(7), because this was defendant's first indictable ...

docket:	a4388-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	143209