Search Rutgers Law Library N.J. Court Opinions

1561 STATE OF NEW JERSEY v. JON M. PEDITTO -- rank: 522

... was sentenced on count one as a second-degree offender, N.J.S.A. 2C:44-1(f)(2), to eight years in custody subject to thirty ...

docket:	a2904-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-13
status:	Unpublished
citation:
Document Size:	41538

1562 STATE OF NEW JERSEY v. DONALD WILLIAMS -- rank: 522

... of his criminal record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(6), (9). Defendant had four prior indictable convictions, two ... eleven, the excessive hardship that would result from his imprisonment. N.J.S.A. 2C:44-1(b)(1), (2), (11). We disagree. N.J.S.A ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Ibid. In establishing an appropriate sentence, "the ...

docket:	a4234-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	25609

1563 STATE OF NEW JERSEY v. BRYANT LAMBERT -- rank: 522

... 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.' State v ...

docket:	a2476-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-11
status:	Unpublished
citation:
Document Size:	37059

1564 /usr/local/share/www/libweb/collections/courts/appellate/a4533-18.opn.html -- rank: 522

... need to deter defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9); and mitigating factors seven (no prior history of delinquency or criminal activity), N.J.S.A. 2C :44- 1(b)(7); and ten (defendant is particularly likely to respond affirmatively to probation), N.J.S.A. 2C:44-1(b)(10). The judge found the aggravating and A-4533 ...

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1565 STATE OF NEW JERSEY v. MIKE MC KANE -- rank: 522

... defendant's prior record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6) and (9). The judge did not find ...

docket:	a1300-09
court:	superior court appellate division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	42264

1566 STATE OF NEW JERSEY v. DEVON A. JACKSON -- rank: 522

... factor seven (no history of prior delinquency or criminal activity), N.J.S.A. 2C:44-1(b)(7), resulted in an excessive sentence, the judge first ... effective October 19, 2020, the Legislature added mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), applicable to youthful offenders 'under [twenty-six] years ...

docket:	a0430-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-03
status:	Unpublished
citation:
Document Size:	38753

1567 STATE OF NEW JERSEY v. D.P. -- rank: 522

... aggravating factors, namely, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3) (number three); the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6) (number six); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9) (number nine). In particular, as to aggravating factor ... the victim of the offense "induced or facilitated its commission." N.J.S.A. 2C:44-1(b)(5). The judge observed this was "a very heavy ... strong mitigating factor. The judge also found mitigating factor ten, N.J.S.A. 2C:44-1(b)(10), defendant was likely to benefit from probationary treatment ...

docket:	a4505-08
court:	superior court appellate division
decided:	2010-10-18
status:	unpublished
citation:
Document Size:	46888

1568 STATE OF NEW JERSEY v. FRANTZ E. VANEUS -- rank: 522

... whether the victim 'induced' or 'facilitated' the defendant's actions. N.J.S.A. 2C:44-1(b)(5). The judge found mitigating factor five inapposite because ... have been considered when determining whether to apply mitigating factor N.J.S.A. 2C:44-1(b)(5). We are not persuaded. We review a court ...

docket:	a2337-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	29401

1569 /usr/local/share/www/libweb/collections/courts/supreme/a1279-15.opn.html -- rank: 519

... sentence, the court analyzed aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1. The court found mitigating factor seven, that defendant had no history of delinquency or criminal involvement. N.J.S.A. 2C:44-1(b)(7). The judge found aggravating factors two, three and nine. N.J.S.A. 2C:44-1(a)(2), (3) and (9). Before applying aggravating factor two ...

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court:	NJ Superior Court Law/Chancery Division
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1570 STATE OF NEW JERSEY v. WESTON A. SMITH -- rank: 519

... 136 (1980)). Here, the trial 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 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 ...

docket:	a1588-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	29330

1571 /usr/local/share/www/libweb/collections/courts/appellate/a4888-17.opn.html -- rank: 519

... to the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and (b). Zuber, 227 N.J. at 429, 445 ...

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1572 STATE OF NEW JERSEY v. ALON B. ROLLS -- rank: 519

... offense), six (prior criminal record), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9), outweighed the nonexistent mitigating factors ... sentencing downgrade was no longer warranted because 'the requirements of N.J.S.A. 2C:44-1(f)(2) had not been satisfied.' Thus, 'defendant must be ...

docket:	a4821-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	29976

1573 STATE OF NEW JERSEY v. JEREMIAH HUPKA -- rank: 519

... See Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-1 (2008) (noting "[m]any [] cases affirm all sorts of findings ...

docket:	a4882-07
court:
decided:	24-00-21
status:	Published
citation:	407 N.J. Super. 489 971 A.2d 1102
Document Size:	78855

1574 STATE OF NEW JERSEY v. MARK K. WELCH -- rank: 519

... possession offense, relying on aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), and (9). That is the maximum term ...

docket:	a0036-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	32733

1575 STATE OF NEW JERSEY v. RASHEED BROWN -- rank: 519

... the judge to apply aggravating factor numbers three and nine. N.J.S.A. 2C:44-1(a)(3)(the risk of re-offense); -1(a)(9 ... taunts that caused defendant to attack him with the knife. N.J.S.A. 2C:44-1(b)(5) (victim induced defendant's conduct). Review of a ...

docket:	a4209-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-15
status:	unpublished
citation:
Document Size:	48955