Search Rutgers Law Library N.J. Court Opinions

1891 STATE OF NEW JERSEY v. ANTONIO WINTERS -- rank: 477

... 565-66 (1989)). 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 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:	a1602-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-13
status:	Unpublished
citation:
Document Size:	32382

1892 /usr/local/share/www/libweb/collections/courts/appellate/a5481-16.opn.html -- rank: 477

... He contends the court erred by finding aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), and by not finding mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). There was no abuse of discretion by the ... v. Bieniek, 200 N.J. 601, 610 n.1 1 N.J.S.A. 2C:44-1(b)(7) (providing 'no history of prior delinquency or criminal ...

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1893 STATE OF NEW JERSEY v. GEORGE HARTWIG -- rank: 477

... trial judge failed to find applicable mitigating factors, i.e., N.J.S.A. 2C:44-1(b)(2),(4), and (11). This argument lacks sufficient merit ...

docket:	a4397-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-23
status:	unpublished
citation:
Document Size:	24683

1894 IMARA KASIMU v. NEW JERSEY STATE PAROLE BOARD -- rank: 477

... brain development. In support of this argument, Kasimu relies on N.J.S.A. 2C:44-1(b)(14), which establishes a mitigating sentencing factor when the ...

docket:	a3676-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-28
status:	Unpublished
citation:
Document Size:	34340

1895 STATE OF NEW JERSEY v. JOHN MERILLO -- rank: 477

... a lesser sentence based on a finding of mitigating factor N.J.S.A. 2C:44-1(b)(4), that "[t]here were substantial grounds tending to ...

docket:	a3707-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-27
status:	unpublished
citation:
Document Size:	14438

1896 STATE OF NEW JERSEY v. CHRISTIAN ORTEGA REY -- rank: 477

... factors, that his 'conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(1), and he 'did not contemplate that his conduct would cause or threaten serious harm.' N.J.S.A. 2C:44-1(b)(2). Defense counsel did not argue those factors at ...

docket:	a2057-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	31961

1897 STATE OF NEW JERSEY v. RITHEA P. RANDALL -- rank: 477

... This argument too fails. With respect to mitigating factor four, N.J.S.A. 2C:44-1(b)(4), the court may consider whether 'there were substantial ... nothing more than bald assertions. As to mitigating factor six, N.J.S.A. 2C:44-1(b)(6), which allows the court to consider defendant's ... at restitution, and mitigating factor eleven, A-4529-19 10 N.J.S.A. 2C:44-1(b)(11), which allows the court to consider whether incarceration ...

docket:	a4529-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-10
status:	Unpublished
citation:
Document Size:	20525

1898 STATE OF NEW JERSEY v. G.R. -- rank: 477

... 7-1 to -23. Judge Blackburn found aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness of harm inflicted ... child's innocence and vulnerability. She also found factor three, N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense"), and factor nine, N.J.S.A. 2C:44-1(a)(9) ("need for deterring the defendant and others from ...

docket:	a2960-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	34470

1899 STATE OF NEW JERSEY v. BRENDON M. JAMES -- rank: 477

... sentence. The court A-0656-17T1 14 found aggravating factors N.J.S.A. 2C:44-1(a)(3) and (9), and no mitigating factors. Against this ...

docket:	a0656-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	29220

1900 STATE OF NEW JERSEY v. ANDREW T. ALSTON -- rank: 477

... the trial court's failure to consider mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12), during sentencing. We affirm the order denying the ... charge. The judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and found no mitigating factors, N.J.S.A. 2C:44-1(b). Mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12), cooperation with law enforcement, was not mentioned by ... willingness of the defendant to cooperate with law enforcement authorities,' N.J.S.A. 2C:44-1(b)(12), during sentencing. The State does not dispute that ...

docket:	a1904-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Unpublished
citation:
Document Size:	15049

1901 STATE OF NEW JERSEY v. FRANCIS J. PRETO -- rank: 477

... the judge explicitly weighed the mitigating and aggravating factors under N.J.S.A. 2C:44-1. The judge found that defendant's continuing course of conduct ...

docket:	a4212-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-08
status:	unpublished
citation:
Document Size:	35023

1902 /usr/local/share/www/libweb/collections/courts/appellate/a5875-17.opn.html -- rank: 477

... was committed in an especially heinous, cruel, or depraved manner.' N.J.S.A. 2C:44-1(a)(1). According to defendant, finding aggravating factor one constituted ... period of time before the commission of the present offense.' N.J.S.A. 2C:44- 1(b)(7). We discern no error here. On the record ...

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1903 STATE OF NEW JERSEY v. JAHMIEL ROCK -- rank: 477

... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3) and (9). 4 The court found no mitigating ...

docket:	a1814-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-01
status:	unpublished
citation:
Document Size:	31380

1904 STATE OF NEW JERSEY v. ARIEL SERRANO -- rank: 477

... of the sentence. The court, after finding 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), sentenced defendant to ten years with the five ...

docket:	a5561-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-10
status:	unpublished
citation:
Document Size:	37854

1905 STATE OF NEW JERSEY v. C. P. -- rank: 477

... to deter defendant and others from violating the law. See N.J.S.A. 2C:44-1(a)(1), (3), (9). A-2400-22 4 Some twenty ... basis for a finding of aggravating factor one pursuant to N.J.S.A. 2C:44-1(a)(1). Indeed, the sentencing court made such a finding ...

docket:	a2400-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	29430