Search Rutgers Law Library N.J. Court Opinions

1216 STATE OF NEW JERSEY v. B.M.J. -- rank: 557

... sentencing defendant, the judge found aggravating factors three and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(9) (the ... prior criminal record, the judge also found mitigating factor seven. N.J.S.A. 2C:44-1(b)(7). After an extended colloquy with defense counsel regarding ... judge that mitigating factors five, eight and nine also apply. N.J.S.A. 2C:44-1(b)(5) (the victim's conduct "induced or facilitated" the ...

docket:	a1018-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-21
status:	unpublished
citation:
Document Size:	29053

1217 /usr/local/share/www/libweb/collections/courts/appellate/a3594-17.opn.html -- rank: 557

... court found aggravating factors two, four, nine, ten, and twelve, N.J.S.A. 2C:44-1(a)(2), (4), (9), (10), and (12) and mitigating factors seven and eight, N.J.S.A. 2C:44-1(b)(7) and (8). It did not weigh the mitigating ...

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1218 STATE OF NEW JERSEY v. ANDRE M. DAWSON, JR -- rank: 555

... at 612. Here, 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 defendant has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a2470-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	41976

1219 STATE OF NEW JERSEY v. GARY D. STEVENSON -- rank: 555

... 44-3(a). The court then 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 ... violating the law). The court also found mitigating factor six, N.J.S.A. 2C;44-1(b)(6) (defendant has or will compensate the victim for ...

docket:	a3961-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-27
status:	unpublished
citation:
Document Size:	32313

1220 STATE OF NEW JERSEY v. RASHAD BENBOW -- rank: 555

... factor four, substantial grounds tending to excuse or justify conduct, N.J.S.A. 2C:44-1(b)(4), applied. He also argued that the trial judge ... factor five, that the victim "induced or facilitated" the crime, N.J.S.A. 2C:44-1(b)(5), was prejudicial error in the sentencing calculus. Briefly ... judge found aggravating factors three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3); six, the extent of his prior criminal history, N.J.S.A. 2C:44-1(a)(6); nine, the need to deter, N.J.S.A. 2C:44-1(a)(9); and twelve, that defendant inflicted harm on a victim of advanced age, N.J.S.A. 2C:44-1(a)(12); he found no mitigating factors. The judge ...

docket:	a5714-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-24
status:	unpublished
citation:
Document Size:	19443

1221 STATE OF NEW JERSEY v. JAHMIN DAMON MUSE -- rank: 555

... supported a finding of aggravating factors three, six, and nine. N.J.S.A. 2C:44 1(a)(3), (6) & (9). He found no mitigating factors. N.J.S.A. 2C:44-1(b). The trial judge on the resentence specifically mentioned the ...

docket:	a3625-11
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	17910

1222 STATE OF NEW JERSEY v. MARK POPE -- rank: 555

... is no presumption either for or against a custodial sentence. N.J.S.A. 2C:44-1(e); State v. Meyer , 192 N.J. 421 , 433 n ... court must weigh the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b) in making the "in-out" decision, that ...

docket:	a6083-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-18
status:	unpublished
citation:
Document Size:	29021

1223 STATE OF NEW JERSEY v. RHUDELL C. CRUZ-SNELLING -- rank: 555

... the presumptive term after weighing aggravating and mitigating factors' under N.J.S.A. 2C:44-1(a) and (b). State v. Vasquez, 374 N.J. Super ...

docket:	a5242-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	38768

1224 /usr/local/share/www/libweb/collections/courts/appellate/a2502-18.opn.html -- rank: 555

... court found the following aggravating factors: three (risk of reoffending), N.J.S.A. 2C:44-1(a)(3); six (prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor eleven (imprisonment would cause excessive hardship), N.J.S.A. 2C:44-1(b)(11). Although the court considered defendant's 'youthful status ...

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1225 STATE OF NEW JERSEY v. JULIE L. MICHAELS -- rank: 555

... s sentence. Judge Conforti declined to find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), that imprisonment of defendant would cause excessive hardship ...

docket:	a5190-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-15
status:	unpublished
citation:
Document Size:	83734

1226 STATE OF NEW JERSEY v. TREMAYNE LAMAR BRISTON -- rank: 555

... THE TRIAL COURT ABUSED ITS DISCRETION IN FINDING AGGRAVATING FACTORS N.J.S.A. 2C:44-1[a(1)] AND N.J.S.A. 2C:44-1[a(2)] TO BE APPLICABLE (B) HE TRIAL COURT ABUSED ...

docket:	a3395-06
court:	njappellate
decided:	2008-06-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66322

1227 STATE OF NEW JERSEY v. NICHOLAS KIRIAKAKIS -- rank: 555

... court to resentence defendant without consideration of aggravating factor one, N.J.S.A. 2C:44-1(a)(1). [ State v. Kiriakakis , supra , slip op. at 27 ... factors, as set forth in subsections a. and b. of [ N.J.S.A. ] 2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a. of [ N.J.S.A. ] 2C:44-1 applies, the court may fix a minimum term not to ...

docket:	a3061-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	22735

1228 STATE OF NEW JERSEY v. CARON HARRIS -- rank: 555

... perceived level of remorse, but also his risk of recidivism, N.J.S.A. 2C:44-1(a)(3); his prior criminal history, N.J.S.A. 2C:44-1(a)(6); and the need to deter "the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. Concluding that ... v. Marks , 201 N.J. Super. 514 , 540 (1985); see N.J.S.A. 2C:44-1(c)(1). However, the trial court focused not only on ...

docket:	a3348-08
court:	superior court appellate division
decided:	2010-12-10
status:	unpublished
citation:
Document Size:	45543

1229 STATE OF NEW JERSEY v. ANGELA BARNES -- rank: 555

... reoffending), six (prior offenses and their seriousness), and nine (deterrence). N.J.S.A. 2C:44-1(a)(3), (6), and (9), respectively. The judge found mitigating ... of the defendant's conduct induced or facilitated its commission"). N.J.S.A. 2C:44-1(b)(5). He found that "the aggravating factors clearly, convincingly ... willingness of the defendant to cooperate with law enforcement authorities"), N.J.S.A. 2C:44-1(b)(8) and (12), respectively. They are not applicable and ...

docket:	a3750-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-24
status:	unpublished
citation:
Document Size:	27681

1230 STATE OF NEW JERSEY v. CHARLES CARTER, JR -- rank: 555

... harm and vulnerability of the victim, in particular, Hemlata Patel), N.J.S.A. 2C:44-1(a)(2), factor three (likelihood that defendant would commit another offense), N.J.S.A. 2C:44-1(a)(3), and factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9). The court explained adequately the reasons for finding ...

docket:	a5147-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-05-05
status:	Published
citation:
Document Size:	59230