Search Rutgers Law Library N.J. Court Opinions

1111 STATE OF NEW JERSEY v. MARK DUBAS -- rank: 570

... J. 601, 608 (2010). Here, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(2) (seriousness of the harm including vulnerability of the ... reasons for his findings. The judge then found mitigating factors N.J.S.A. 2C:44-1(b)(4) (substantial ground excusing defendant's conduct); (7) (defendant ... to give more weight to the mitigating factors, particularly factor N.J.S.A. 2C:44-1(b)(4), and also erred by rejecting defendant's offer ... also argues the judge's reasoning for finding aggravating factors N.J.S.A. 2C:44-1(a)(2), (3), (6), and (9) was erroneous. First, defendant ...

docket:	a1059-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	49785

1112 STATE OF NEW JERSEY v. ALBERTO MARTINEZ -- rank: 570

... 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 ... aggravating factors: (1) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); (2) the extent of defendant's prior criminal record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6); and (3) the need for deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9). The court noted defendant's extensive history, both ... justify defendant's conduct, though failing to establish a defense. N.J.S.A. 2C:44-1(b)(4). While defendant failed to prove the affirmative defense ...

docket:	a3368-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-12
status:	unpublished
citation:
Document Size:	39278

1113 STATE OF NEW JERSEY v. L.V. -- rank: 570

... risk of committing another offense) and nine (need to deter), N.J.S.A. 2C:44-1(a)(3) and (9), as well as mitigating factor seven (lack of prior criminal history), N.J.S.A. 2C:44-1(b)(7). Given Larry's apparent lack of remorse, as ...

docket:	a4430-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-24
status:	unpublished
citation:
Document Size:	57070

1114 /usr/local/share/www/libweb/collections/courts/appellate/a2840-16.opn.html -- rank: 570

... 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 ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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1115 STATE OF NEW JERSEY v. ANTHONY SIMS, JR., -- rank: 570

... then considered the sentencing factors. It found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense, and the ... 2641-17 7 The court also found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('risk that the defendant will commit another offense'), and nine, N.J.S.A. 2C:44-1(a)(9) ('need for deterring the defendant and others from ... conduct from occurring .' The court also found aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('extent of the defendant's prior criminal record ... for attempted manslaughter. The court found no mitigating factors under N.J.S.A. 2C:44-1(b). The court then imposed a term of fifty years ...

docket:	a2641-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-04
status:	Published
citation:
Document Size:	21233

1116 STATE OF NEW JERSEY v. SHILOH LANCE SMITH -- rank: 570

... parole ineligibility for unlawful possession of a handgun. 2 See N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense); -1(a)(5 ...

docket:	a6203-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-10
status:	unpublished
citation:
Document Size:	49026

1117 /usr/local/share/www/libweb/collections/courts/appellate/a4476-19.opn.html -- rank: 570

... factor three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3). According to the court, there was a 'real ... seriousness of the offense of which he has been convicted, N.J.S.A. 2C:44-1(a)(6), applied. The court also found applicable aggravating factor ... for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). As to 'general deterrence,' the court determined there ... period of time before the commission of the present offense, N.J.S.A. 2C:44-1(b)(7). According to the A-4476-19 8 court ... there were 'substantial grounds tending to excuse [defendant's] conduct,' N.J.S.A. 2C:44-1(b)(4), and mitigating factor eleven, that 'imprisonment would entail excessive hardship,' N.J.S.A. 2C:44-1(b)(11). According to defendant, there was sufficient evidence ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	23114

1118 /usr/local/share/www/libweb/collections/courts/appellate/a0087-18.opn.html -- rank: 570

... three (risk of reoffense), six (criminal history), and nine (deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9). In response to defense counsel ... s arguments for mitigating factors four, seven, nine and eleven, N.J.S.A. 2C:44-1(b) (4), (7), (9) and (11), the judge stated: [Mitigating ...

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court:	NJ Superior Court Law/Chancery Division
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1119 STATE OF NEW JERSEY v. DONNELL GIDEON -- rank: 568

... committed in an especially heinous, cruel or depraved manner," see N.J.S.A. 2C:44-1(a)(1), constituted an impermissible double-counting of the elements ... s prior record; and nine, the need for deterrence, see N.J.S.A. 2C:44-1(a)(3), (6) and (9), were accomplished without any explanation ... judge failed to find mitigating factors one and two, see N.J.S.A. 2C:44-1(b)(1) and (2), namely that defendant was merely present ...

docket:	a2132-07
court:	superior court appellate division
decided:	2010-10-18
status:	unpublished
citation:
Document Size:	44169

1120 STATE OF NEW JERSEY v. ANDRE D. DENNIS -- rank: 568

... aggravating factors three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior record ... seriousness of the offenses of which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and number nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), were amply supported by the record. Defendant had ...

docket:	a1052-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	43303

1121 STATE OF NEW JERSEY v. ROBERT J. WIKANDER -- rank: 568

... gravity and seriousness of the harm inflicted on the victims, N.J.S.A. 2C:44-1(a)(2); number three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and number nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). In finding the existence of aggravating factor three ... OF AGGRAVAT[ING] FACTORS WHILE IGNORING MITIGATING FACTORS ADDRESSED UNDER N.J.S.A. 2C:44-1(b). JUDGE HODGSON'S 2009 SENTENCE INCORPORATED THESE SAME ERRORS ...

docket:	a3275-08
court:	superior court appellate division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	37144

1122 STATE OF NEW JERSEY v. WUKEEM W. LEWIS -- rank: 568

... aggravated sexual assault. The sentencing court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (likelihood of committing another offense), six, N.J.S.A. 2C:44-1(a)(6) (prior criminal record), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The court also 14 A ...

docket:	a1711-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-30
status:	unpublished
citation:
Document Size:	49348

1123 STATE OF NEW JERSEY v. TAMODD YOUNG, -- rank: 568

... FOR RESENTENCING SO THAT THE COURT CAN APPLY MITIGATING FACTOR N.J.S.A. 2C:44- 1(b)(14), WHICH REQUIRES IT TO CONSIDER THAT 'THE DEFENDANT ...

docket:	a4260-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-27
status:	Unpublished
citation:
Document Size:	46498

1124 STATE OF NEW JERSEY v. VIRGINIA A. VERTETIS -- rank: 568

... the defendant's 'history of prior delinquency or criminal activity'). N.J.S.A. 2C:44-1(a)(1), (3), (9), (b)(7). The court found the ... indicate that the defendant is unlikely to commit another offense'). N.J.S.A. 2C:44-1(b)(3) to (5), (7) to (9). Defendant also maintained ... 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.' Case, 220 ... it.' Cannel, N.J. Criminal Code Annotated, cmt. 3 on N.J.S.A. 2C:44-1 (2023) (citing Case, 220 N.J. at 66-67). A ...

docket:	a1075-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	42940

1125 STATE OF NEW JERSEY v. TRAVIS DANIELS -- rank: 568

... trial judge failed to consider and apply mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), in determining the sentence. This argument also lacks ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). However, our Supreme Court has made clear that ...

docket:	a5486-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	unpublished
citation:
Document Size:	25704