Search Rutgers Law Library N.J. Court Opinions

1876 STATE OF NEW JERSEY v. ANGEL NUNEZ-HERNANDEZ -- rank: 480

... an incorrect assumption that the new mitigating factor codified at N.J.S.A. 2C:44-1(b)(14) applies retroactively. See State v. Bellamy, 468 N ...

docket:	a0539-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-24
status:	Unpublished
citation:
Document Size:	41233

1877 STATE OF NEW JERSEY v. MATTHEW D. ROLLE -- rank: 480

... sufficient analysis for relying in part on aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (deterrence). We disagree. As the trial judge recognized ...

docket:	a5239-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-15
status:	unpublished
citation:
Document Size:	26870

1878 STATE OF NEW JERSEY v. SALADINE R. DAVIS -- rank: 480

... 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:	a3095-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	22047

1879 STATE OF NEW JERSEY v. ARTHUR S. HASKOOR -- rank: 480

... his conduct was the result of circumstances unlikely to recur. N.J.S.A. 2C:44-1(b)(8). Stated differently, the court's fleeting comment as ...

docket:	a0766-19
court:	NJ Superior Court Appellate Division
decided:	2023-06-27
status:	Unpublished
citation:
Document Size:	69436

1880 STATE OF NEW JERSEY v. JONATHAN TORRES-ARROYO -- rank: 480

... factors – the risk that defendant would 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) – substantially outweighed the mitigating factor that defendant would compensate the victim, N.J.S.A. 2C:44-1(b)(6). Those aggravating factors, however, were not based on ...

docket:	a5032-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-21
status:	Unpublished
citation:
Document Size:	12611

1881 STATE OF NEW JERSEY VS. AKMAL A. ALVARANGA -- rank: 480

... the defendant's conduct, though failing to establish a defense. [N.J.S.A. 2C:44-1(b)(2) to (4).] Defendant did not directly argue for ...

docket:	a0365-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	30831

1882 STATE OF NEW JERSEY v. LORENZO PERNELL NASH -- rank: 480

... of defendant’s criminal record; and the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), (9). Finding that the aggravating factors â ...

docket:	a5587-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	unpublished
citation:
Document Size:	33638

1883 STATE OF NEW JERSEY V. BRIAN P. HOFFMAN -- rank: 480

... Harassment under N.J.S.A. 2C:43-6 and N.J.S.A. 2C:44-1. However, it is prohibited criminal conduct. Matrimonial litigants are not ...

docket:	a837-93
court:	njappellate
decided:	1996-05-15
status:	published
citation:	290 N.J.Super. 588
Document Size:	36368

1884 STATE OF NEW JERSEY v. ROBERTO BURGOS -- rank: 480

... 6) extent of defendant's prior record, and (9) deterrence. N.J.S.A. 2C:44-1(a). The judge noted defendant's seven prior indictable drug ...

docket:	a0740-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-16
status:	unpublished
citation:
Document Size:	21625

1885 STATE OF NEW JERSEY v. SHAHID JAVED -- rank: 480

... that would warrant imposition of a downgraded sentence pursuant to N.J.S.A. 2C:44-1(f)(2), which states in pertinent part that [i]n ...

docket:	a4893-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-04
status:	unpublished
citation:
Document Size:	26330

1886 STATE OF NEW JERSEY v. JEROME AUSTIN -- rank: 480

... sentences, and it erroneously assessed aggravating and mitigating factors under N.J.S.A. 2C:44-1. We agree that the trial court did not adequately explain ...

docket:	a1685-08
court:	superior court appellate division
decided:	2009-10-09
status:	unpublished
citation:
Document Size:	73479

1887 STATE OF NEW JERSEY v. DAVID L. BAKER -- rank: 480

... the seriousness of the offenses"); and nine (need for deterrence). N.J.S.A. 2C:44-1(a). The trial judge imposed mitigating factor number one ("defendant's conduct neither caused nor threatened serious harm"). N.J.S.A. 2C:44-1(d). The judge applied the factors and concluded that "when ...

docket:	a2708-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	41571

1888 STATE OF NEW JERSEY v. JUAN A. GUADALUPE -- rank: 480

... would commit another offense, and nine, the need to deter, N.J.S.A. 2C:44-1(a)(3) and (9), outweighed mitigating factor seven, defendant's minimal criminal record, N.J.S.A. 2C:44-1(b)(7), the judge sentenced defendant to an aggregate term ... s conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), and mitigating factor nine, the character and attitude ... defendant indicate that he is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9). Defendant further argued his counsel should have argued ... aggravating factor three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), should not have been applied based on defendant ...

docket:	a0199-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-14
status:	Unpublished
citation:
Document Size:	11499

1889 STATE OF NEW JERSEY v. THOMAS E. LEE -- rank: 477

... At defendant's sentencing, Judge Fleming 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)). Judge Fleming also found mitigating factor twelve ( N.J.S.A. 2C:44-1(b)(12)). The judge articulated the factual basis for those ...

docket:	a1054-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	22208

1890 STATE OF NEW JERSEY v. TORY TYLER -- rank: 477

... applicable five aggravating factors. Aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), were supported by evidence of defendant's prior criminal history. Aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ("the gravity and seriousness of the harm inflicted ... unarmed person" as an aggravating factor). And aggravating factor one, N.J.S.A. 2C:44-1(a)(1) ("the nature and circumstances of the offense and ...

docket:	a4153-07
court:	NJ Superior Court Appellate Division
decided:	2010-11-19
status:	unpublished
citation:
Document Size:	33700