Search Rutgers Law Library N.J. Court Opinions

1576 STATE OF NEW JERSEY v. DUTQUAN WILSON -- rank: 519

... before concluding that aggravating factors three, six, and nine applied. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(6 ... reviewed all mitigating factors and explained that none applied. See N.J.S.A. 2C:44-1(b)(1)-(11). Our conclusion that the convictions regarding the ...

docket:	a0220-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-16
status:	Unpublished
citation:
Document Size:	20836

1577 /usr/local/share/www/libweb/collections/courts/appellate/a4312-17.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 ... offense), three (risk of reoffending) and nine (need to deter), N.J.S.A. 2C:44-1(a)(1), (2), (3) and (9). The court explained that ...

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1578 STATE OF NEW JERSEY v. CHRISTOPHER J. MCKENNA -- rank: 519

... judge found aggravating factor three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's prior criminal record and seriousness of the convicted offense, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), and only mitigating factor eleven, that his imprisonment would result in excessive hardship to his family, N.J.S.A. 2C:44-1(b)(11). At the time, defendant had a two-year ...

docket:	a3522-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-07
status:	Unpublished
citation:
Document Size:	26314

1579 STATE OF NEW JERSEY v. J.A.M. -- rank: 519

... 2C:14-2(a)(2) As Support For Aggravating Factors N.J.S.A. 2C:44-1(a)(1) and (2). B. The Sentencing Court Erroneously Cited ... double-counted elements related to aggravating factors one and two. N.J.S.A. 2C:44-1(a)(1) to (2). In addition, defendant challenges the judge ...

docket:	a0928-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-26
status:	Unpublished
citation:
Document Size:	18042

1580 STATE OF NEW JERSEY v. JAMES J. GALLICHIO -- rank: 519

... he "neither caused nor threatened serious harm" (mitigating factor one), N.J.S.A. 2C:44-1(b)(1). Defendant also contends that the judge should have ... considered the excessive hardship to his family (mitigating factor eleven), N.J.S.A. 2C:44-1(b)(11). On appeal, a sentence should be affirmed if ...

docket:	a0589-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-06
status:	unpublished
citation:
Document Size:	34904

1581 STATE OF NEW JERSEY v. HECTOR A. GUEVARA -- rank: 519

... sentence of sixteen years with eight years of parole ineligibility. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(6 ...

docket:	a1441-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-28
status:	Unpublished
citation:
Document Size:	32388

1582 STATE OF NEW JERSEY v. BYRON SOLOMON -- rank: 517

... to deter the defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9), and no mitigating factors applied. Plea counsel asked ... excessive hardship to the defendant or' his or her dependents. N.J.S.A. 2C:44-1(b)(11). A-5311-18 11 disqualification); State v. J ...

docket:	a5311-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-30
status:	Unpublished
citation:
Document Size:	26555

1583 /usr/local/share/www/libweb/collections/courts/appellate/a2396-15.opn.html -- rank: 517

... the judge found aggravating factors two, three, six and nine. N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of the harm inflicted ... and gave slight weight to fac tors six and eleven. N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victims, in this case ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	38845

1584 STATE OF NEW JERSEY v. VANCLEVE ASHLEY -- rank: 517

... court considered the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1. See State v. Kruse , 105 N.J. 354 , 359 (1987 ...

docket:	a5291-03
court:	njappellate
decided:	2006-06-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	102070

1585 STATE OF NEW JERSEY v. LAWRENCE MOODY -- rank: 517

... judge found aggravating factor three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3); six, his prior criminal history, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter him and others from violating the law, N.J.S.A. 2C:44-1(a)(9). On appeal, defendant raises the following points: POINT ...

docket:	a5908-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-17
status:	unpublished
citation:
Document Size:	29974

1586 STATE OF NEW JERSEY v. JESUS DEJESUS -- rank: 517

... Judge Mohammed found aggravating sentencing factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (the extent ... not argue any of the mitigating sentencing factors applied. See N.J.S.A. 2C:44-1(b). In his sentencing allocution, defendant repeatedly claimed he was ...

docket:	a4464-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-24
status:	unpublished
citation:
Document Size:	36256

1587 STATE OF NEW JERSEY v. A.M -- rank: 517

... were imposed. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), and nine, N.J.S.A. 2C:44-1(a)(9), and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). The incidents occurred between 2000 and 2002 when ... was "clearly mistaken." Defendant also contends that mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), should have been found because of his age ...

docket:	a1190-09
court:	superior court appellate division
decided:	2011-02-04
status:	unpublished
citation:
Document Size:	35502

1588 STATE OF NEW JERSEY v. DEVINN K. DAVIS -- rank: 517

... court found no mitigating factors but found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), six, N.J.S.A. 2C:44- 1(a)(6), eight, N.J.S.A. 2C:44-1(a)(8), and nine, N.J.S.A. 2C:44-1(a)(9). In applying aggravating factor eight, the judge stated ... imposing sentence, we agree and remand for resentencing.2 Under N.J.S.A. 2C:44-1, 'sentencing courts are cautioned to avoid 'double counting' circumstances that ...

docket:	a3538-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-29
status:	Unpublished
citation:
Document Size:	30289

1589 STATE OF NEW JERSEY v. RALPH LEBRON -- rank: 517

... sentence, Judge Young found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), and (9). He also found mitigating factor four, N.J.S.A. 2C:44-1(b)(4), but gave it slight weight. The judge then ...

docket:	a1589-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	17463

1590 STATE OF NEW JERSEY v. LEON MACK -- rank: 517

... circumstances set forth in paragraph (5) of subsection a. of N.J.S.A. 2C:44-1 applies, and the court shall presume that there is a ... history may properly be considered as a sentencing factor, see N.J.S.A. 2C:44-1(a)(6), subsection j was probably a sentencing statute because ...

docket:	a3423-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	24513