Search Rutgers Law Library N.J. Court Opinions

1411 /usr/local/share/www/libweb/collections/courts/appellate/a5496-15.opn.html -- rank: 537

... an appropriate analysis of the aggravating and mitigating factors per N.J.S.A. 2C:44-1. Defendant argues that the judge erred in using defendant's ... and mitigating factors found by the trial judge pursuant to N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	31479

1412 STATE OF NEW JERSEY v. CARL LEE -- rank: 537

... not provide any statutory citations for the mitigating factors, see N.J.S.A. 2C:44-1(b)(1) to (13), but again urged the judge to ... one, defendant's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1); number two, defendant did not contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2); and number four, there were substantial grounds tending ... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4). Having carefully considered defendant's arguments in light ... aggravating factor six, "the extent of defendant's prior record," N.J.S.A. 2C:44-1(a)(6). N.J.S.A. 2C:44-3(a ...

docket:	a4228-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-31
status:	unpublished
citation:
Document Size:	24333

1413 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 537

... remaining counts. At sentencing, the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will reoffend, based on defendant ... many of which involved simple assault; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterring defendant and others from ...

docket:	a1527-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	45861

1414 /usr/local/share/www/libweb/collections/courts/appellate/a1357-19.opn.html -- rank: 537

... and the non-statutory mitigating factor, defendant's work history. N.J.S.A. 2C:44-1(a)(3), (6), (9); N.J.S.A. 2C:44-1(b)(7). Defendant did not file a direct appeal. However ... factor four, that his substance-abuse contributed to his convictions. N.J.S.A. 2C:44-1(b)(4), (11). However, the record shows the trial judge ...

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1415 STATE OF NEW JERSEY v. JAMAL SHELLY -- rank: 537

... he committed the present offense, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense;" N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... of the offenses of which he has been convicted;" and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... accepted responsibility for his conduct, the judge found mitigating factor N.J.S.A. 2C:44-1(b)(9), "[t]he character and attitude of the defendant ...

docket:	a1758-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-31
status:	unpublished
citation:
Document Size:	24877

1416 STATE OF NEW JERSEY v. O.R.Q. -- rank: 537

... aggravating factors present: the risk defendant will commit another 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 for deterrence, N.J.S.A. 2C:44-1(a)(9). None of mitigating factors enumerated in N.J.S.A. 2C:44-1(b) were found. We conclude that the sentencing factors identified ...

docket:	a1656-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-06
status:	unpublished
citation:
Document Size:	38377

1417 STATE OF NEW JERSEY v. JAMAR HOLMES -- rank: 537

... aggravating factors three, six, and nine, and none in mitigation. N.J.S.A. 2C:44-1(a)(3), (6), and (9). He concluded that the aggravating ... Id. at 364. The "dominant, if not paramount, goal" of N.J.S.A. 2C:44 1's aggravating and mitigating factors "is uniformity in sentencing." Lawless ...

docket:	a0680-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:
Document Size:	43908

1418 STATE OF NEW JERSEY v. JUAN POLANCO, -- rank: 537

... accordance with the plea agreement, specifically finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'), and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... to the mitigating factors, the court found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... time before the commission of the present offense'), and eleven, N.J.S.A. 2C:44- 1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a0248-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-12
status:	Unpublished
citation:
Document Size:	18673

1419 STATE OF NEW JERSEY v. ZAHIER K. CROSELL -- rank: 537

... was not present based upon defendant's prior conviction. See N.J.S.A. 2C:44-1(e). However, she argued several mitigating sentencing factors were present. N.J.S.A. 2C:44-1(b). The judge rejected the argument. Citing defendant's "extensive ... found aggravating sentencing factors three, six, nine and eleven. See N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); (a)(6) (extent of ... did not contemplate, nor did his conduct cause, serious harm. N.J.S.A. 2C:44-1(b)(1) and (2). Defendant stealthily removed jewelry and other ... this offense, so mitigating factor seven did not apply. See N.J.S.A. 2C:44-1(b)(7) ("defendant has no history of prior delinquency or ... that his incarceration would entail excessive hardship to his dependents. N.J.S.A. 2C:44-1(b)(11). In short, the judge engaged in the ...

docket:	a2982-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-16
status:	unpublished
citation:
Document Size:	27184

1420 STATE OF NEW JERSEY v. IAN P. STEINGRABER -- rank: 537

... range, limited to a four-year term of imprisonment. See N.J.S.A. 2C:44-1(f)(2). Although A-3781-19T3 2 defendant was not ... defense counsel argued defendant had overcome the presumption of imprisonment, N.J.S.A. 2C:44-1(d), and asked the court to sentence defendant to probation ...

docket:	a3781-19
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Published
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Document Size:	21198

1421 STATE OF NEW JERSEY v. JAMES WOODS -- rank: 537

... three aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, 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 court found no mitigating factors. After merging ...

docket:	a1010-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	32820

1422 /usr/local/share/www/libweb/collections/courts/appellate/a4144-17.opn.html -- rank: 535

... one and two. The judge found that aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (the gravity of the harm to the victim) and nine, N.J.S.A. 2C:44- 1(a)(9) (the need to deter) applied. Additionally, the judge found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) (defendant suffered from a 'chemical dependency,' which failed ... a defense, but tended to excuse his conduct) and seven, N.J.S.A. 2C:44-1(b)(7) (defendant had no significant criminal history). On appeal ...

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1423 STATE OF NEW JERSEY v. JUAN MARTINEZ -- rank: 535

... months of parole ineligibility. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3); six, N.J.S.A. 2C:44-1(a)(6); and nine, N.J.S.A. 2C:44-1(a)(9) outweighed the non-existent mitigating factors. In support ...

docket:	a0869-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-04
status:	Unpublished
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Document Size:	21448

1424 STATE OF NEW JERSEY v. JOHN TRICOCHE -- rank: 535

... three aggravating factors: the risk 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 the offenses, 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 court found no mitigating factors. After merging ... TAKE INTO CONSIDERATION MITIGATING FACTORS TWO, SIX AND ELEVEN UNDER N.J.S.A. 2C:44-1(b). POINT II THE VERDICTS WERE SHARPLY AGAINST THE WEIGHT ...

docket:	a1508-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-16
status:	unpublished
citation:
Document Size:	28104

1425 STATE OF NEW JERSEY v. ROBERT K. WILSON -- rank: 535

... public and the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1. State v. Pierce , 188 N.J. 155 , 169-70 (2006 ...

docket:	a2053-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	53657