Search Rutgers Law Library N.J. Court Opinions

61 /usr/local/share/www/libweb/collections/courts/supreme/a-7-18.opn.html -- rank: 764

... The trial court considered the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). It found three aggravating factors, to which ... the aggravating and mitigating factors. It found aggravating factor two, N.J.S.A. 2C:44-1(a)(2) (“[t]he gravity and seriousness of harm ... altering permanent injury. The trial court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (“[t]he risk that the defendant will ... weight.” Finally, the trial court found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (“[t]he need for deterring the defendant ... old at sentencing -- the trial court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (“[t]he defendant has no history of ... defendant’s request that it also find mitigating factor two, N.J.S.A. 2C:44-1(b)(2) (“[t]he defendant did not contemplate ...

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62 STATE OF NEW JERSEY v. DHARUN RAVI -- rank: 762

... These three convictions carry a presumption of incarceration pursuant to N.J.S.A. 2C:44-1(d). The State argues the trial judge failed to follow ...

docket:	a4667-11
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	447 N.J.Super. 261 147 A.3d 455
Document Size:	138824

63 State of New Jersey v. Daniel J. Dalziel -- rank: 762

... minimum sentence merely as the “cost of doing business” ( N.J.S.A. 2C:44-1(a)(11)). The judge found no mitigating factors and considering ... reoffense and the need for deterrence. (pp. 9-10) 4. N.J.S.A. 2C:44-1(a)(11) (the “cost of doing business” aggravating factor ... factors: (1) the risk that Dalziel would commit another crime, N.J.S.A. 2C:44-1(a)(3); (2) his prior criminal record and the seriousness of the current offense, N.J.S.A. 2C:44-1(a)(6); (3) a need to deter, N.J.S.A. 2C:44-1(a)(9); (4) and that Dalziel might view a lesser ... sentence merely as the “cost of doing business,” N.J.S.A. 2C:44-1(a)(11). The judge found no mitigating factors and, ...

docket:	a-98-03
court:	NJ Supreme Court
decided:	2005-03-03
status:
citation:	182 N.J. 494 867 A.2d 116
Document Size:	58340

64 STATE OF NEW JERSEY VS. SAHIL KULGOD -- rank: 762

... within the third -degree range —four years—pursuant to N.J.S.A. 2C:44-1(f)(2). We have no basis upon which to reduce ... trial judge found only one aggravating factor, aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... law'). The judge found two mitigating factors, mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... the commission of the present offense'), and mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of the defendant ... judge rejected defendant's request to apply mitigating factors two, N.J.S.A. 2C:44-1(b)(2) ('[t]he defendant did not contemplate that the ... defendant's conduct would cause or threaten serious harm'); four, N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to ...

docket:	a3893-22
court:	appellate
decided:	2024-04-08
status:	Unpublished
citation:
Document Size:	48974

65 IN THE MATTER OF THE APPEAL OF THE DENIAL OF M.U.'S APPLICATION -- rank: 762

... 84, 87-88 (2022) (holding that sentencing mitigating factor fourteen, N.J.S.A. 2C:44- 1(b)(14), is not entitled to retroactive effect because the ...

docket:	a2535-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Published
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Document Size:	131573

66 STATE OF NEW JERSEY v. CHRISTOPHER R. SMALL -- rank: 762

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent and seriousness of his prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need to deter Verity and others, N.J.S.A. 2C:44- 1(a)(9). The judge found the following mitigating factors: Verity ... contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2); the victim induced or facilitated its commission, N.J.S.A. 2C:44- 1(b)(5); and Verity cooperated with law enforcement, N.J.S.A. 2C:44-1(b)(12). The judge accorded each aggravating factor substantial ...

docket:	a2255-19
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:	Unpublished
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Document Size:	110991

67 State v. Mark Melvin -- rank: 762

... to an extended term based on his criminal history. See N.J.S.A. 2C:44- 1 The State dismissed Count IV prior to the start of ... to deter defendant and others from violating the law). See N.J.S.A. 2C:44-1(a)(3), (6), (9). The court did not apply any ... and mitigating factors and determined that aggravating factors three, five ( N.J.S.A 2C:44-1(a)(5), substantial likelihood that the defendant is involved in ... and nine applied. The court also applied mitigating factor seven, N.J.S.A 2C:44-1(b)(7) (no criminal history or substantial period of time ...

docket:	a-44-19
court:	NJ Supreme Court
decided:	2021-09-23
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citation:
Document Size:	88852

68 STATE OF NEW JERSEY v. MICHAEL WASHINGTON -- rank: 759

... aggravating factors: one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's A-2596-21 4 criminal record and seriousness of his conviction, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). He also found the following mitigating factors: three, defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3); four, substantial grounds tending to excuse misconduct, N.J.S.A. 2C:44-1(b)(4); five, the victim induced or facilitated commission ...

docket:	a2596-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	35695

69 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 757

... testimony. We further hold that, in applying aggravating factor one, N.J.S.A. 2C:44-1(a)(1), the trial court engaged in impermissible double-counting ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	151111

70 STATE OF NEW JERSEY v. CADE S. CORDWELL -- rank: 757

... judge's analysis in applying aggravating and mitigating factors under N.J.S.A. 2C:44-1. When we evaluate sentences, we use an abuse of discretion ... several aggravating factors, including defendant's risk of re-offense, N.J.S.A. 2C:44-1(a)(3); defendant's prior criminal record, 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 found the excessive hardship of incarceration, N.J.S.A. 2C:44-1(b)(11), as a mitigating factor. However, the court declined ... 0920-20 25 or nonexistent history of prior criminal activity, N.J.S.A. 2C:44-1(b)(7); the conduct was the result of circumstances ...

docket:	a0920-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	51113

71 STATE OF NEW JERSEY v. PAUL A. CARTER -- rank: 757

... distribution offense). 19 A-0896-19 Finding aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense); three, N.J.S.A. 2C:44-1(a)(3) (the risk of committing another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record and the severity of those offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (specific and general deterrence), outweighed mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (the defendant has or will pay restitution), the ... was committed in an especially heinous, cruel, or depraved manner . . . .' N.J.S.A. 2C:44-1(a)(1). 'In appropriate cases, a sentencing court may ...

docket:	a0896-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-15
status:	Unpublished
citation:
Document Size:	50170

72 STATE OF NEW JERSEY v. JARED RAZZANO -- rank: 753

... a sentencing downgrade was warranted based on mitigating factor four, N.J.S.A. 2C:44-1(b)(4) ('There were substantial grounds tending to excuse or ... erred in denying his motion to be sentenced pursuant to N.J.S.A. 2C:44-1(f)(2) to a term appropriate to a crime of ... encounter having presided over the trial, found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('The nature and circumstances of the offense . . . including ... committed in an especially heinous, cruel, or depraved manner'); two, N.J.S.A. 2C:44-1(a)(2) ('The gravity and seriousness of the harm inflicted on the victim'); and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... from violating the law'). The judge found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) ('There were substantial grounds tending to excuse ...

docket:	a5621-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-26
status:	Unpublished
citation:
Document Size:	43444

73 STATE OF NEW JERSEY v. ROLAND CARVALHO, JR -- rank: 751

... 11) (excessive hardship); and (12) (cooperation with law enforcement authorities). N.J.S.A. 2C:44-1(b). The trial court found two aggravating factors, N.J.S.A. 2C:44-1(a)(3) and (9), and two mitigating factors, N.J.S.A. 2C:44-1(b)(6) and (7). The court provided no explanation as ... not provide a basis for finding a mitigating factor under N.J.S.A. 2C:44-1(b)(4). The hardship he describes as resulting from his ... inmate and does not rise to the level cognizable under N.J.S.A. 2C:44-1(b)(11). See State v. Jabbour , 118 N.J. 1 ... statement also fails to support a finding of mitigating factor N.J.S.A. 2C:44-1(b)(12). See State v. Read , 397 N.J. ...

docket:	a0371-09
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	43050

74 STATE OF NEW JERSEY v. DANIEL A. BORJAS -- rank: 751

... because the trial judge failed to consider mitigating factor one, N.J.S.A. 2C:44-1(b)(1) ("The defendant's conduct neither caused nor threatened ... be sentenced to a degree lower than second-degree." See N.J.S.A. 2C:44-1(f)(2); State v. Megargel , 143 N.J. 484 , 505 ...

docket:	a6292-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-08
status:	unpublished
citation:	436 N.J.Super. 375 94 A.3d 319
Document Size:	90047

75 STATE OF NEW JERSEY v. KEVIN M. LAMBORN -- rank: 748

... judge failed to consider the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) before sentencing defendant to a probationary term on the ... incarceration applicable to the second-degree weapons charge pursuant to N.J.S.A. 2C:44-1(d). He found aggravating factor three, A-0740-19 3 ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44- 1(a)(3), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), '[t]he need for deterring the defendant and ... s conduct was the result of circumstances unlikely to recur,' N.J.S.A. 2C:44-1(b)(8), and mitigating factor ten, '[t]he defendant is particularly likely to respond affirmatively to probationary treatment,' N.J.S.A. 2C:44-1(b)(10). Finding the aggravating and mitigating factors were ...

docket:	a0740-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	24531