Search Rutgers Law Library N.J. Court Opinions

1006 STATE OF NEW JERSEY v. NAADIR I. MUHAMMAD -- rank: 583

... previous twenty-two years. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record and the seriousness ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... contends that the judge should have found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's incarceration will result in excessive hardship ...

docket:	a4425-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-07
status:	unpublished
citation:
Document Size:	34957

1007 STATE OF NEW JERSEY v. GREGORY WILLIAMS -- rank: 583

... the sentencing court misapplied the aggravating and mitigating factors of N.J.S.A. 2C:44-1(a) and (b). We conclude that a NERA sentence of ... three (risk of recidivism) and nine (need to deter). See N.J.S.A. 2C:44-1(a)(3) and (9). Noting that Williams had seven juvenile ... mitigating factor four (substantial grounds tending to excuse the conduct), N.J.S.A. 2C:44-1(b)(4) —— and it was entitled "to little ... he is unlikely to commit another crime (mitigating factor nine, N.J.S.A. 2C:44-1(b)(9)), he would be a particularly good candidate for probationary treatment (mitigating factor ten, N.J.S.A. 2C:44-1(b)(10)), his incarceration would entail excessive hardship due to his mental health impairment (mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11)), and he "cooperated with law enforcement when ...

docket:	a2447-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-21
status:	unpublished
citation:
Document Size:	31193

1008 STATE OF NEW JERSEY v. DAVID HARDWICK -- rank: 583

... that aggravating factors one, two, three and nine applied. See N.J.S.A. 2C:44-1(a)(1), (2), (3) and (9). He also found mitigating factors seven, twelve and thirteen applied. See N.J.S.A. 2C:44-1(b)(7), (12) and (13). The judge found "clearly and ... was committed in an especially heinous, cruel, or depraved manner[.]" N.J.S.A. 2C:44-1(a)(1). N.J.S.A. 2C:44-1(a)(2) requires consideration of the "gravity and seriousness of ...

docket:	a2111-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	36972

1009 STATE OF NEW JERSEY v. PETER M. SHANLEY -- rank: 583

... as aggravating factors the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge found as the sole mitigating factor defendant's lack of a prior record, N.J.S.A. 2C:44-1(b)(7). The judge rejected several other mitigating factors, including defendant had acted under strong provocation, N.J.S.A. 2C:44-1(b)(3), and defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8). The judge determined the two aggravating factors, both ...

docket:	a1468-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	56033

1010 STATE OF NEW JERSEY v. MUMEEN STARKS -- rank: 583

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of his offense, 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). Describing the fact pattern as "truly horrific," the ...

docket:	a2802-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-24
status:	unpublished
citation:
Document Size:	43624

1011 STATE OF NEW JERSEY v. M.F -- rank: 581

... aggravating and mitigating 5 A-3602-15T2 factors pursuant to N.J.S.A. 2C:44-1(a) and (b), but found the factors were 'in equipoise ... to make findings of the aggravating and mitigating factors under N.J.S.A. 2C:44-1 and that certain findings made by the court in its ... the factors. '[A] trial court should explain its analysis of [N.J.S.A.] 2C:44-1's aggravating and mitigating factors with care and precision.' Id ...

docket:	a3602-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-09
status:	unpublished
citation:
Document Size:	71568

1012 STATE OF NEW JERSEY v. RICKY ZUBER -- rank: 581

... aggravating factors substantially outweigh the mitigating factors.' 3 Pursuant to N.J.S.A. 2C:44-1(f)(1), the court must 'specifically place on the record ...

docket:	a2677-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	70668

1013 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 581

... extent of prior record); and nine (need to deter) applied. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge noted defendant's work ... incarceration would cause an excessive hardship on defendant's son. N.J.S.A. 2C:44-1(b)(11). The judge concluded that the aggravating factors substantially ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within the ...

docket:	a0485-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-20
status:	Unpublished
citation:
Document Size:	55459

1014 STATE OF NEW JERSEY v. JASON BAKER -- rank: 581

... factor one because of the horrific nature of the crimes. N.J.S.A. 2C:44-1(a)(1). He also found aggravating factor three, based not ... pose 'a substantial risk of [committing] new offenses if released.' N.J.S.A. 2C:44-1(a)(3). The judge gave substantial weight to aggravating factor nine. N.J.S.A. 2C:44-1(a)(9). He also afforded great weight to aggravating factor twelve, citing the ages and vulnerability of the victims. N.J.S.A. 2C:44- 1(a)(12). In discussing Miller and Zuber, the judge noted ...

docket:	a2961-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	23497

1015 STATE OF NEW JERSEY v. DYRELLE VENABLE -- rank: 581

... the robbery. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (risk that defendant will commit another offense), six, N.J.S.A. 2C:44- 1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others). The court ... court must examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Each factor found by the court must ...

docket:	a3718-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-06
status:	Unpublished
citation:
Document Size:	35104

1016 STATE OF NEW JERSEY v. RASOOL McCRIMMON -- rank: 581

... SENTENCING [DEFENDANT] SUA SPONTE[] TO A GREATER TERM, THEREFORE VIOLATING [ N.J.S.A. 2C:44- 1(f)(2)]. (NOT RAISED BELOW). POINT III THE DISCREPANCY BETWEEN ... holding in Randolph. Defendant also seeks to be resentenced under N.J.S.A. 2C:44-1(b)(14), which provides that a sentencing judge 'may properly ... use of the language 'take effect immediately' when it adopted N.J.S.A. 2C:44-1(b)(14)' and found 'no suggestion in N.J.S.A. 2C:44-1(b)(14)—let alone the clear, strong and A ... argument that he should be entitled to reserve application of N.J.S.A. 2C:44-1(b)(14) at another sentencing hearing. The remaining arguments advanced ... by sentencing him to a greater term in violation of N.J.S.A. 2C:44-1(f)(2)—are without sufficient merit to warrant ...

docket:	a3598-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-15
status:	Unpublished
citation:
Document Size:	17822

1017 State v. Deje M. Coviello -- rank: 581

... to aggravating factor three, the likelihood of committing another offense, N.J.S.A. 2C:44-1(a)(3), and heavy weight to aggravating factor nine, the ... factors that may weigh in the offender’s favor. See N.J.S.A. 2C:44-1(a) to (b). Judges also must assure the sentence comports ...

docket:	a-54-21
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:
citation:
Document Size:	53674

1018 STATE OF NEW JERSEY v. G.T.C. -- rank: 581

... seriousness of the crimes of which he has been convicted, N.J.S.A. 2C:44-1(a)(6), and incorrectly based its sentencing decision on a ...

docket:	a2723-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	105077

1019 STATE OF NEW JERSEY v. ROE N. WRIGHT -- rank: 581

... 65 (1984)). Here, the sentencing court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will reoffend); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the judge erred by failing to find mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten serious harm); two, 18 A-2137-16T 3 N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would cause or threaten serious harm); and seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior history of delinquency ...

docket:	a2137-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-14
status:	unpublished
citation:
Document Size:	59192

1020 STATE OF NEW JERSEY v. LAWRENCE KING -- rank: 579

... he defendant's conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44- 1(b)(1), and mitigating factor two applies if '[t]he ... contemplate that his conduct would cause or threaten serious harm,' N.J.S.A. 2C:44-1(b)(2). The trial court found those mitigating factors were ... defendant would entail excessive hardship to himself or his dependents.' N.J.S.A. 2C:44-1(b)(11). The trial court found this mitigating factor inapplicable ...

docket:	a3326-14
court:	NJ Superior Court Appellate Division
decided:	2018-04-30
status:	unpublished
citation:
Document Size:	73814