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226 STATE OF NEW JERSEY v. JOSE D. GRAHAM, -- rank: 696

... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1 (a)(1), and gave it 'very slight weight,' and gave ... 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 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, see N.J.S.A. 2C:44-1(b)(1)-(13), concluded it was clearly convinced the aggravating ... aggravating factor one, the nature and circumstances of the offense. N.J.S.A. 2C:44-1(a)(1). Defendant was convicted of possession of 10. ...

docket:	a2432-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:
Document Size:	59904

227 /usr/local/share/www/libweb/collections/courts/appellate/a5556-17.opn.html -- rank: 696

... to. The court found 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). The court rejected mitigating factor six (defendant has or will compensate the victim), N.J.S.A. 2C:44-1(b)(6), because the victim returned to the country from ... s conduct was the result of circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8), finding Herbert was equally culpable of the crimes ... attitude of the defendant indicate he is unlikely to reoffend), N.J.S.A. 2C:44-1(b)(9), because there was insufficient evidence to make that ...

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228 STATE OF NEW JERSEY v. AARON ENIX -- rank: 696

... following aggravating factors: one (nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(1), as to count two only; three (risk of reoffending), N.J.S.A. 2C:44- 1(a)(3); six (prior criminal record and seriousness of offenses), N.J.S.A. 2C:44- 1(a)(6); and nine (need for deterring defendant and others), N.J.S.A. 2C:44- 1(a)(9). The judge found no mitigating factors and that ... was committed in an especially heinous, cruel, or depraved manner[.]' N.J.S.A. 2C:44-1(a)(1). The court characterized Washington's killing as 'a ...

docket:	a2664-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-21
status:	Unpublished
citation:
Document Size:	51477

229 STATE OF NEW JERSEY v. KEVIN J. SCUCCIMARRI -- rank: 696

... on May 18, 2016. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... judge also explained that mitigating factor one did not apply. N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten ... harm. The judge found mitigating factor two did not apply. N.J.S.A. 2C:44- 1(b)(2) (defendant did not contemplate conduct would cause or ... In addition, the judge refused to find mitigating factor three. N.J.S.A. 2C:44-1(b)(3) (defendant acted under strong provocation). The judge rejected ... judge also found no basis for finding mitigating factor four. N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant' ...

docket:	a4606-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-31
status:	Unpublished
citation:
Document Size:	32079

230 STATE OF NEW JERSEY v. RAQUIL K. CLARK -- rank: 696

... should be imposed. The judge found applicable aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... the law. The judge found no mitigating factors applicable under N.J.S.A. 2C:44-1(b). The judge explained his findings on the record. We ...

docket:	a0216-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	54655

231 STATE OF NEW JERSEY v. VINCENT SANBORN -- rank: 696

... aggravating factors three, six, and nine, and mitigating factor eleven. N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense"); N.J.S.A. 2C:44-1(a)(6) (defendant's "prior criminal record" and "seriousness of the offenses of which he has been convicted"); N.J.S.A. 2C:44-1(a)(9) ("need for deterring the defendant and others"); N.J.S.A. 2C:44-1(b)(11) ("imprisonment of the defendant would entail excessive hardship ... judge should also have found mitigating factors six and eight. N.J.S.A. 2C:44-1(b)(6) ("The defendant has compensated or will compensate the ... his conduct for the damage or injury that he sustained . . . ."); N.J.S.A. 2C:44-1(b)(8) ("The defendant's conduct was the result ...

docket:	a1418-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	63212

232 STATE OF NEW JERSEY v. MUTAH N. BROWN -- rank: 696

... defendant 'would entail excessive hardship' to him or his dependents), N.J.S.A. 2C:44-1(b)(9) and (11); and (4) failing to find mitigating factors four (substantial grounds tending to excuse conduct), N.J.S.A. 2C:44-1(b)(4), and five (the victim induced or facilitated defendant's conduct), N.J.S.A. 2C:44-1(b)(5). Defendant concedes his attorney did not argue in ... newly-enacted legislation, specifically L. 2020, c. 110, which amended N.J.S.A. 2C:44-1(b) to allow a sentencing judge to consider the fact ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). An appellate court reviews sentencing determinations by a ... in this opinion, approximately two years after defendant was sentenced, N.J.S.A. 2C:44-1(b)(14) was enacted, allowing sentencing courts to consider ...

docket:	a0972-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	57183

233 STATE OF NEW JERSEY v. PETER G. REPOLI, JR. -- rank: 696

... mitigating factors and applied aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9). "[C]learly convinced that the aggravating ... argues the court gave excessive weight to aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending), six, N.J.S.A. 2C:44-1(a)(6) (extent and severity of prior criminal record), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence), and erred in basing its ... balance those found applicable. Id. at 72-73; see also N.J.S.A. 2C:44-1. Once the court has balanced the applicable factors, it "may ... convictions," Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:44-1 (2016) (citing State v. Thomas , 188 N.J. 137 , ...

docket:	a0168-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-11
status:	unpublished
citation:
Document Size:	76186

234 A-0STATE OF NEW JERSEY v. ALEXANDER ALFARO November 12, 2013 -- rank: 696

... defendant had no history of prior delinquency of criminal activity , N.J.S.A. 2C:44-1(b)( 7 ); defendant's willingness to cooperate with law enforcement ... position he was coerced to make a statement to police , N.J.S.A. 2C:44-1(b)( 12 ); and the substantial influence of another more mature person, his brother Godinez , in commission of the offenses, N.J.S.A. 2C:44-1(b)( 13 ). Turning to aggravating factors, Judge Ravin thoroughly identified ... of the offense, which he found held "absolute crushing weight," N.J.S.A. 2C:44-1( a )(1 ); the gravity and seriousness of harm inflicted on ... head with a machete" and then shot in the head, N.J.S.A. 2C:44-1( a )( 2); the risk defendant would commit another offense, which he found substantial because of defendant's gang membership, N.J.S.A. 2C:44-1( a )( 3); the substantial likelihood of defendant's involvement ...

docket:	a6163-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-02
status:	unpublished
citation:
Document Size:	77097

235 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 696

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... engage in an analysis similar to the one required by N.J.S.A. 2C:44-1(d), taking into consideration "the character and condition of the ... Id. at 498. Here, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (that defendant posed a risk of future crimes of violence and dishonesty), and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The court cited the ... for his criminal conduct." The court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (no criminal history), and nine, N.J.S.A. 2C:44-1(b)(9) (the character and attitude of the defendant ...

docket:	a2897-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	77185

236 STATE OF NEW JERSEY v. BRIAN L. BRADY -- rank: 696

... which overrides the need to deter such conduct by others.' N.J.S.A. 2C:44-1(d). The Supreme Court provided the guidance needed in determining ... degree within the sentencing ranges of crimes one degree lower. N.J.S.A. 2C:44- [1(f)(2)]. The presumption of imprisonment for first- and second ... 14T4 downgrading a first- or second-degree offense pursuant to N.J.S.A. 2C:44-[1(f)(2)]. [State v. Evers, 175 N.J. 355, 388 ... a position of trust or confidence to commit the offense . . . .' N.J.S.A. 2C:44-1(a)(4). The judge also found aggravating factor nine applied ... for deterring the defendant and others from violating the law . . . .' N.J.S.A. 2C:44-1(a)(9). With respect to mitigating factors, the judge found the following applied: N.J.S.A. 2C:44-1(b)(1), 'defendant's conduct neither caused nor threatened ...

docket:	a3172-14
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	38504

237 STATE OF NEW JERSEY v. ISMAEL MENDEZ -- rank: 696

... assessment of the applicable aggravating and mitigating factors. Pursuant to N.J.S.A. 2C:44-1(a), the judge found the following aggravating factors: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. The judge ... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... prior indictable convictions. Defendant asserts the judge should have considered N.J.S.A. 2C:44-1(b)(11), "[t]he imprisonment of the defendant would ...

docket:	a2286-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-07
status:	unpublished
citation:
Document Size:	51590

238 STATE OF NEW JERSEY v. ALEXANDER A. ANDREWS, -- rank: 693

... 2009 'disorderly 1 Defendant specifically relied on mitigating factors one, N.J.S.A. 2C:44- 1(b)(1) ('defendant's conduct neither caused nor threatened serious harm'); two, N.J.S.A. 2C:44-1(b)(2) ('defendant did not contemplate that his conduct would cause or threaten serious harm'); four, N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to excuse ... defendant's] conduct, though failing to establish a defense'); seven, N.J.S.A. 2C:44-1(b)(7) ('defendant has no history of prior delinquency or ... of time before the commission of the present offense'); eight, N.J.S.A. 2C:44-1(b)(8) ('defendant's conduct was the result of circumstances unlikely to recur'); nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of [defendant] ...

docket:	a1348-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-15
status:	Published
citation:
Document Size:	37277

239 /usr/local/share/www/libweb/collections/courts/appellate/a1878-20.opn.html -- rank: 693

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... after this discussion, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), risk that defendant will commit another offense; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), extent of defendant's A-1878-20 33 ... offenses which he has been convicted; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... constitute some grounds tending to excuse or justify his conduct. N.J.S.A. 2C:44-1(b)(4). However, the court determined that defendant's illegal ... unlikely to recur, despite defendant's argument to the contrary. N.J.S.A. 2C:44-1(b)(8). Although defendant argued that he attended all ...

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court:	NJ Superior Court Law/Chancery Division
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240 STATE OF NEW JERSEY v. YOAFRY MINALLA, -- rank: 693

... of the incident. The court found that aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that defendant will commit another offense') and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring defendant and others ... court also found that 'to some extent' mitigating factor seven, N.J.S.A. 2C:44- 1(b)(7) ('[t]he defendant has no history of prior ... he defendant's conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(1), and eleven, that '[t]he imprisonment of the ... defendant would entail excessive hardship to himself or his dependents.' N.J.S.A. 2C:44-1(b)(11). Further, defendant asserts that the court's application of mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), is inconsistent with the court's application ...

docket:	a1127-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-17
status:	Unpublished
citation:
Document Size:	47104