Search Rutgers Law Library N.J. Court Opinions

1051 STATE OF NEW JERSEY v. IBN F. BAILEY -- rank: 577

... challenges his sentence. The trial 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 from violating ... maintains that the court should have found mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten serious harm); mitigating factor two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ...

docket:	a5806-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-28
status:	unpublished
citation:
Document Size:	28960

1052 STATE OF NEW JERSEY v. JOHN R. JORDAN -- rank: 577

... three, and nine, and in mitigation, only factor seven. See N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9) and N.J.S.A. 2C:44-1(b)(7). The minimum sentence for murder is thirty years ...

docket:	a4871-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-28
status:	Unpublished
citation:
Document Size:	41728

1053 /usr/local/share/www/libweb/collections/courts/appellate/a0550-19.opn.html -- rank: 577

... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), 'clearly exists in this case.' The judge concluded aggravating factor six, N.J.S.A. 2C:44-1(a)(6), 'clearly exists' based on '[t]he extent of ... for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44-1(a)(9). He accorded 'significant weight' to all the aggravating ...

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1054 STATE OF NEW JERSEY v. AKBAR SALAAM, -- rank: 577

... 1985)'; (2) the trial court improperly applied aggravating factors one, N.J.S.A. 2C:44-1(a)(1), and eleven, N.J.S.A. 2C:44-1(a)(11); (3) defendant's sentence was effectively a life ...

docket:	a1278-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-10
status:	Unpublished
citation:
Document Size:	37204

1055 STATE OF NEW JERSEY v. JEROME KENNEDY -- rank: 577

... include a probationary sentence for a fourth-degree offense. See N.J.S.A. 2C:44-1(f)(2); State v. Veney , 327 N.J. Super. 458 ...

docket:	a5677-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	published
citation:	419 N.J. Super. 475 17 A.3d 293
Document Size:	20353

1056 /usr/local/share/www/libweb/collections/courts/appellate/a0185-18.opn.html -- rank: 577

... 10-2. III. The trial court, finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will reoffend), and nine, N.J.S.A. 2C:44-1(a)(9) (the A-0185-18T4 15 need for deterrence ... the trial court, by failing to apply mitigating factors three, N.J.S.A. 2C:44-1(b)(3) (defendant acted under strong provocation), and eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances ...

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1057 STATE OF NEW JERSEY v. TYRONE E. EMMONS -- rank: 577

... seriousness of prior criminal record), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge applied great weight to ... to reoffend), and eleven (imprisonment would entail excessive hardship), applied. N.J.S.A. 2C:44-1(b)(1), (2), (8), (9), and (11). The court found ...

docket:	a3345-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-12
status:	Unpublished
citation:
Document Size:	38240

1058 STATE OF NEW JERSEY v. ROBERT KNUTSEN -- rank: 577

... without any period of parole ineligibility, the court found under N.J.S.A. 2C:44-1(a) aggravating factor: (1), the nature and circumstances of the ... victim; and aggravating factor (9), the need for deterrence. Under N.J.S.A. 2C:44-1(b), the court found two mitigating factors in favor of ... its finding of the relevant aggravating and mitigating factors in N.J.S.A. 2C:44-1. State v. Pierce , 188 N.J. 155 , 166, 169-70 ...

docket:	a2972-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	69461

1059 STATE OF NEW JERSEY v. ERIK JONES -- rank: 577

... deterrence, the judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating ...

docket:	a3367-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	44062

1060 STATE OF NEW JERSEY v. DEVON STOUT -- rank: 577

... one of the many reasons he found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter), a practice we sanctioned in ... of prior criminal record and seriousness of offenses), and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9)—found by the original ... imprisonment would bring to defendant or his or her dependents), N.J.S.A. 2C:44-1(b)(6), (10) and (11), none of which were requested ...

docket:	a5799-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-07
status:	Unpublished
citation:
Document Size:	53114

1061 /usr/local/share/www/libweb/collections/courts/appellate/a5144-18.opn.html -- rank: 574

... 43-6.2). However, 'the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d)' still applies to 'the assignment judge's sentencing determination ... mitigating factors, finding aggravating factor nine (the need to deter), N.J.S.A. 2C:44-1(a)(9), mitigating factor seven (lack of criminal history), N.J.S.A. 2C:44-1(b)(7), and the non-statutory mitigating factor of 'remorse ... because a term of imprisonment 'would be a serious injustice.' N.J.S.A. 2C:44-1(d). It suffices to say that the Court's opinion ... term of imprisonment, notwithstanding the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d). Indeed, at sentencing — which followed defendant's guilty ...

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1062 STATE OF NEW JERSEY v. HENRY L. BLACKWELL -- rank: 574

... counsel at sentencing. The trial court found aggravating factors under N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... of the offenses of which he has been convicted); and N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the law). The court also found a mitigating factor under N.J.S.A. 2C:44-1(b)(12) (defendant's willingness to cooperate with law enforcement ... seek findings by the sentencing court on mitigating factors under N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious harm); N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct ...

docket:	a5811-08
court:	superior court appellate division
decided:	2010-12-20
status:	unpublished
citation:
Document Size:	18511

1063 STATE OF NEW JERSEY v. GERARDO GOMEZ, a/k/a KNUCKLES -- rank: 574

... and nine (the need to deter the defendant and others). N.J.S.A. 2C:44-1(a)(1), (2), (3), (5), (9). 13 The judge found ... youthful offender was substantially influenced by another more mature person). N.J.S.A. 2C:44-1(b)(7), (13). 14 Miller v. Alabama , __ U.S. __, __, 132 ...

docket:	a3093-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-01-01
status:	Published
citation:
Document Size:	42647

1064 STATE OF NEW JERSEY v. JHAVAL D. RANDOLPH -- rank: 574

... and the applicable 'aggravating and mitigating factors' set forth in N.J.S.A. 2C:44-1(a) and (b). The prosecutor concluded, 'while defendant is a ... the offender,' such as applicable aggravating and mitigating circumstances under N.J.S.A. 2C:44-1.' Benjamin, 228 N.J. at 369 (quoting Directive at 12 ... ed] all relevant aggravating and mitigating factors' set forth in N.J.S.A. 2C:44-1. Specifically, the judge noted that the prosecutor found aggravating factors three and nine and no mitigating factors. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); A-0692-19 18 N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring . . . defendant and others ...

docket:	a0692-19
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Unpublished
citation:
Document Size:	38306

1065 STATE OF NEW JERSEY v. RIGOBERTO RAMIREZ -- rank: 574

... that his sentencing counsel did not argue mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant has compensated or will compensate the victim ... or will participate in a program of community service); nine, N.J.S.A. 2C:44-1(b)(9) (the character and attitude of the defendant indicate he is unlikely to commit another offense); ten, N.J.S.A. 2C:44-1(b)(10) (defendant is particularly likely to respond affirmatively to probationary treatment); and twelve, N.J.S.A. 2C:44-1(b)(12) (the willingness of defendant to cooperate with law ... be ineffective assistance of counsel where 'mitigation evidence was 1 N.J.S.A. 2C:44-1(b)(7) (The defendant has no history of prior delinquency ...

docket:	a0115-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-06
status:	Unpublished
citation:
Document Size:	20287