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166 STATE OF NEW JERSEY v. JOHN A. VICARI -- rank: 713

... the first consideration is the presumption of incarceration, stated in N.J.S.A. 2C:44-1(d). 7 See Nance , supra , 228 N.J. at 395-96. ("We construe section 6.2 and N.J.S.A. 2C:44-1(d) so as to harmonize the two components of the ... higher burden. Importantly, the serious injustice standard is found in N.J.S.A. 2C:44-1(d), which we noted above presumptively imposes incarceration for conviction ... circumstances."). The Supreme Court has recently reviewed the interrelationship of N.J.S.A. 2C:44-1(d) and Section 6.2. See Nance , supra , 228 N.J. at 396. Noting N.J.S.A. 2C:44-1(d) "imposes a high standard that must be overcome before ... court clarified the need to "harmonize" Section 6.2 and N.J.S.A. 2C:44-1(d) as "two components of the Code's sentencing ...

docket:	a3887-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	51356

167 STATE OF NEW JERSEY v. JAMEL LEWIS -- rank: 713

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.'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 ...

docket:	a2411-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-07
status:	Unpublished
citation:
Document Size:	117675

168 STATE OF NEW JERSEY v. ROBERT SMALL -- rank: 713

... four aggravating factors: the nature and seriousness of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal history, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9), and no factors in mitigation. The court imposed ... record. Defendant avers that the court double-counted aggravating factor N.J.S.A. 2C:44-1(a)(1) because the attempt to inflict a fatal wound ... entail excessive hardship to himself, the mitigating factor embodied in N.J.S.A. 2C:44-1(b)(11). The court addressed this consideration as well, ...

docket:	a3552-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-07
status:	unpublished
citation:
Document Size:	76694

169 STATE OF NEW JERSEY v. ALLEN HARBATUK -- rank: 711

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and aggravating factor nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Defendant contends the substantial weight the A-3743 ... of time prior to the commission of the present offense, N.J.S.A 2C:44-1(b)(7), and eight, the defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8). We review a trial judge's sentencing decision ... 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.' Case, A ... indicate that the defendant is unlikely to commit another offense. N.J.S.A. 2C:44-1(b)(9). '[R]emand may be required when a ...

docket:	a3743-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	80582

170 /usr/local/share/www/libweb/collections/courts/appellate/a4848-14.opn.html -- rank: 711

... 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 ... in an especially heinous, cruel, or depraved manner (factor one), N.J.S.A. 2C:44-1(a)(1); (2) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); and (3) the need for 29 A-4848-14T4 deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9).6 The court found no mitigating factors. The ... s prior criminal record and the severity of those offenses, N.J.S.A. 2C:44-1(a)(6), the court did not find this aggravating factor ...

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court:	NJ Superior Court Law/Chancery Division
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171 STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 711

... Prior to imposing sentence, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and actor's role therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on victim); three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and seriousness of offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others); and no ... focuses his challenge on the omission of mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate serious harm); five, ...

docket:	a0525-12
court:	superior court trial
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68678

172 /usr/local/share/www/libweb/collections/courts/appellate/a3808-19.opn.html -- rank: 711

... Judge Tarantino found the following aggravating factors: aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ('The gravity and seriousness of harm inflicted on ... normal physical or mental power of resistance'); aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'); aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... which the defendant has been convicted'); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... law'). Judge Tarantino found only one mitigating factor, factor eleven, N.J.S.A. 2C:44-1(b)(11) ('The imprisonment of the defendant would entail excessive ... State v. Kromphold, the Court further explained, Those applications of N.J.S.A. 2C:44-1(a)(2) [in listed cases] suggest that that aggravating ...

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court:	NJ Superior Court Law/Chancery Division
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173 STATE OF NEW JERSEY v. ANDREW W. PENA -- rank: 711

... 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 ... aggravating factors one, the nature and circumstances of the offense ( N.J.S.A. 2C:44-1(a)(1)); two, the gravity of harm to the victim ( N.J.S.A. 2C:44-1(a)(2)); three, the risk defendant will commit another offense ( N.J.S.A. 2C:44-1(a)(3)); six, the extent of defendant's prior criminal record, ( N.J.S.A. 2C:44-1(a)(6)); and nine, the need for deterrence ( N.J.S.A. 2C:44-1(a)(9)). The court found no mitigating factors, and ...

docket:	a2098-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-24
status:	unpublished
citation:
Document Size:	144939

174 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 711

... of those transactions.” The court applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), “[t]he risk that the defendant will ... from criminal activity. The court also applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6), “[t]he extent of the defendant’s ... s offenses. The trial court also applied aggravating factor nine, N.J.S.A. 2C:44- 1(a)(9), “[t]he need for deterring the defendant ... rejected defendant’s request that it apply mitigating factor one, N.J.S.A. 2C:44-1(b)(1), “[t]he defendant’s conduct neither caused ... weapon. Finally, the court declined to apply mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), “[t]he defendant’s conduct was the ... defendant’s prior record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating ...

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175 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 711

... should consider K.B.'s conduct pursuant to mitigating factor N.J.S.A. 2C:44- 1(b)(5) but the judge declined to find it, believing ... guilty to. Id. at 212. 'The judge found aggravating factor N.J.S.A. 2C:44-1(a)(9), and mitigating factors N.J.S.A. 2C:44-1(b)(7), (8), (9), and (10), and sentenced defendant to ... in support of defendant and K.B. The State argued N.J.S.A. 2C:44-1(b)(5) did not apply, but if the judge found ... speeding or driving recklessly. The judge also found mitigating factors N.J.S.A. 2C:44-1(b)(7), (8), (9) and (10). A-0664-20 4 The judge found aggravating factor N.J.S.A. 2C:44-1(a)(9) and gave it slight weight. Unlike the ...

docket:	a0664-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	29623

176 STATE OF NEW JERSEY v. RODNEY SMILEY -- rank: 711

... following aggravating factors apply to this sentence. Aggravating factor [three, N.J.S.A. 2C:44- 1(a)(3)] applies and has great weight. There is more ... little doubt that . . . defendant will offend again. Aggravating factor [five, N.J.S.A. 2C:44-1(a)(5)] applies and has significant weight. There is a ... applied to [c]ount [six], witness tampering. Aggravating factor [six, N.J.S.A. 2C:44-1(a)(6)] applies and has great weight. The extent of ... up offenses for most of his life. .... Aggravating factor [nine, N.J.S.A. 2C:44- 1(a)(9)] applies and has the greatest weight. There is ... the court from imposing presumptive terms of imprisonment pursuant to [N.J.S.A.] 2C:44-1[(f)](1) except in cases of crimes of the fourth ...

docket:	a1648-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	56940

177 STATE OF NEW JERSEY v. FRANK L. AIGOTTI -- rank: 711

... at 364-65). Here, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... of the offenses of which he has been convicted); nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and twelve, N.J.S.A. 2C:44- 1(a)(12) (offense was committed against a person defendant knew ... older, or disabled). The judge also found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victim). As stated previously ...

docket:	a4443-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-24
status:	Unpublished
citation:
Document Size:	57189

178 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 711

... judge stated his findings regarding applicable aggravating and mitigating factors. N.J.S.A. 2C:44-1(a), (b). He applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. In doing so, the ... nine, was required. The judge also imposed aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13), providing "defendant, while in the course of committing ...

docket:	a4021-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	101230

179 STATE OF NEW JERSEY v. MILTON MUNROE -- rank: 711

... found applicable the following aggravating factors: three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); six (the seriousness and extent of a defendant's prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (the need to deter the defendant and others), N.J.S.A. 2C:44-1(a)(9). Finding that the aggravating factors outweighed the non ... seriousness of the offenses of which he has been convicted [ N.J.S.A. 2C:44-1(a)(6)]; the need for deterring the Defendant and others from violating the law [ N.J.S.A. 2C:44-1(a)(9)]. As to Mitigating Factors: the Defendant has compensated ... sustained, or will participate in a program of community service [ N.J.S.A. 2C:44-1(b)(6)]; the Defendant's conduct was the result ...

docket:	a6014-06
court:	superior court appellate division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	72120

180 A-0STATE OF NEW JERSEY v. DEREK J. MCDONOUGH -- rank: 711

... Prior to imposing sentence, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and actor's role therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on victim); three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and seriousness of offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others); and no ... focuses his challenge on the omission of mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate serious harm); five, ...

docket:	a4901-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	68795