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1456 STATE OF NEW JERSEY, v. J.D., -- rank: 533

... the fact that defendant had no prior criminal history. 8 N.J.S.A. 2C:44-1(d). See State v. Hodge, 95 N.J. 369, 374 ... history, there would be a presumption against defendant’s incarceration. N.J.S.A. 2C:44-1(e). While the plea agreement contemplates Megan’s Law registration ...

docket:	20-09-75
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:
citation:
Document Size:	34080

1457 STATE OF NEW JERSEY v. RAFALITO BELLO -- rank: 533

... the judge found that aggravating factors three and nine applied. N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); -1(a)(9) (the ... had four children, the judge found mitigating factor eleven applied. N.J.S.A. 2C:44-1(b)(11) (imprisonment will entail an undue hardship upon defendant ...

docket:	a4187-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	34436

1458 STATE OF NEW JERSEY v. KRISTINE MACRAE -- rank: 533

... of proof placed on defendant. 4 Therefore, 4 Pursuant to N.J.S.A. 2C:44-1(d), the presumption of imprisonment applies 'unless, having regard to ...

docket:	a2617-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-26
status:	Unpublished
citation:
Document Size:	22453

1459 STATE OF NEW JERSEY v. TERRELL E. CURRY, JR -- rank: 533

... three and nine and mitigating factor ten on all counts. N.J.S.A. 2C:44-1(a)(3), (a)(9), (b)(10). A-1134-18T4 16 ... mitigating factor six because defendant was ordered to pay restitution. N.J.S.A 2C:44-1(b)(6). The court considered defendant's arguments for mitigating ...

docket:	a1134-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-13
status:	Unpublished
citation:
Document Size:	33316

1460 STATE OF NEW JERSEY v. DANIEL SMITH -- rank: 533

... also were used to find aggravating factors three and six, N.J.S.A. 2C:44-1(a)(3), (6). However, the number of prior convictions exceeded ... he did not contemplate his conduct would cause serious harm, N.J.S.A. 2C:44-1(b)(1), (2). See State v. Bieniek , 200 N.J ...

docket:	a5123-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-18
status:	unpublished
citation:
Document Size:	31980

1461 STATE OF NEW JERSEY v. WENDY BERMINGHAM -- rank: 533

... they are] presently subject to the presumption of imprisonment in N.J.S.A. 2C:44-1(d) or to a mandatory period of parole ineligibility.' Id ...

docket:	a0082-23
court:	NJ Superior Court Appellate Division
decided:	2024-02-27
status:	Unpublished
citation:
Document Size:	28575

1462 STATE OF NEW JERSEY v. DAEQUAN A. JOHNSON -- rank: 533

... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not substitute [their] assessment ... J. 15, 28-29 (2019) (alteration in original) (citations omitted). N.J.S.A. 2C:44-1(a)(1) states: In determining the appropriate sentence to be ... mitigating factor defendant had no prior convictions for indictable offenses. N.J.S.A. 2C:44-1(b)(7) states: In determining the appropriate sentence to be ...

docket:	a3443-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-20
status:	Unpublished
citation:
Document Size:	45207

1463 STATE OF NEW JERSEY v. ALPHONSO BRUNSON -- rank: 533

... 1 The judge found aggravating factors one, two, and nine. N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense);  1 ...

docket:	a3091-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	44916

1464 STATE OF NEW JERSEY v. ANTHONY KING -- rank: 533

... The trial court found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The trial court found no ... that "defendant's conduct neither caused nor threatened serious harm," N.J.S.A. 2C:44-1(b)(1); and "defendant did not contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2). We have held that "[d]istribution of cocaine ...

docket:	a0292-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	42503

1465 /usr/local/share/www/libweb/collections/courts/appellate/a5397-16.opn.html -- rank: 533

... J.S.A. 2C:44- - 2 These aggravating factors were 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	18786

1466 STATE OF NEW JERSEY v. STEPHEN P. IANIERI -- rank: 533

... rifles is excessive. Here, 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) (extent of defendant's prior record and the ... 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 the law). The judge also found mitigating factor four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ... argues that the judge should have found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's incarceration will entail excessive hardship to ...

docket:	a2009-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	30003

1467 STATE OF NEW JERSEY v. MATTHEW P. ARLUNA -- rank: 533

... defendant's sentencing hearing. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (criminal history and seriousness of conviction); and nine, N.J.S.A. 2C:44- - 1(a)(9) (deterrence). The judge found that defendant's admitted ... A-5844-17T1 9 The judge found mitigating factors ten, N.J.S.A. 2C:44-1(b)(10) (probation); and eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship). The judge then ...

docket:	a5844-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-12
status:	Unpublished
citation:
Document Size:	19945

1468 STATE OF NEW JERSEY v. JAMES ZARATE -- rank: 533

... trial court address the potential application of mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13) (whether "[t]he conduct of a youthful defendant ...

docket:	a4090-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	99867

1469 STATE OF NEW JERSEY v. RUSSELL B. STEVENS -- rank: 533

... of imprisonment for a second-degree crime was overcome, see N.J.S.A. 2C:44-1(d), due, in large part, to defendant's mental health ...

docket:	a1883-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-01
status:	Unpublished
citation:
Document Size:	38955

1470 STATE OF NEW JERSEY v. DANIEL LOCUS -- rank: 533

... without merit. Here, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense; six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior record and ... the offenses of which he has been convicted; and nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ...

docket:	a2847-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-17
status:	unpublished
citation:
Document Size:	51097