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256 STATE OF NEW JERSEY v. KELVIN BARNES -- rank: 689

... were present: the risk that defendants will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendants’ 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). The judge further determined that Barnes' youth was the only pertinent mitigating factor. N.J.S.A. 2C:44-1(b)(13). As a result, the aggravating factors "clearly and ... were present: the risk that Barnes will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J. ...

docket:	a3147-07
court:	superior court trial
decided:	2005-05-05
status:	unpublished
citation:
Document Size:	96188

257 /usr/local/share/www/libweb/collections/courts/appellate/a1799-04_1.opn.html -- rank: 689

... in concluding that there was only one mitigating factor under N.J.S.A. 2C:44-1(b), the hardship that would be suffered by defendant's dependent children under N.J.S.A. 2C:44-1(b)(11). Defendant further contends the court erred in finding two of the three aggravating factors, prior history under N.J.S.A. 2C:44-1(a)(6) and risk of reoffense under N.J.S.A. 2C:44-1(a)(3), in light of defendant's conduct over the ... law-abiding life for a significant period of time under N.J.S.A. 2C:44-1(b)(7), his conduct was the result of circumstances unlikely to recur under N.J.S.A. 2C:44-1(b)(8), his character and attitude were such that ...

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court:	NJ Superior Court Law/Chancery Division
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258 STATE OF NEW JERSEY v. EDWARD FAIRLEY -- rank: 689

... was committed in an "especially heinous, cruel, or depraved manner," N.J.S.A. 2C:44-1(a)(1); two, the gravity and seriousness of the harm inflicted, N.J.S.A. 2C:44-1(a)(2); three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). She found no statutory mitigating factors, see N.J.S.A. 2C:44-1(b), but she considered, as "[m]itigation evidence," defendant' ...

docket:	a5306-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	62894

259 /usr/local/share/www/libweb/collections/courts/appellate/a1612-15.opn.html -- rank: 689

... progeny. The court found the presence of aggravating factor three, N.J.S.A. 2C:44- 1(a)(3), the risk that defendant would re-offend; aggravating factor four, N.J.S.A. 2C:44-1(a)(4), defendant took advantage of a position of trust to commit the offense; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for general and specific deterrence. It ...

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260 STATE OF NEW JERSEY v. CARLOS E. BRYANT -- rank: 689

... for deterring defendant and others from violating the law). 2 N.J.S.A. 2C:44-1(a)(1), (3), (6), and (9). Further, the judge found ... victim of his conduct for the damage or injury sustained). N.J.S.A. 2C:44-1(b)(3), (4), and (6). She recited specific findings on ... recur), and eleven (imprisonment of defendant would entail excessive hardship). N.J.S.A. 2C:44-1(b)(2), (8), and (11). In rejecting mitigating factor eight ...

docket:	a5386-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-20
status:	unpublished
citation:
Document Size:	60631

261 /usr/local/share/www/libweb/collections/courts/appellate/a3247-18.opn.html -- rank: 689

... three (the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3)), six (the extent of the defendant's prior ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6)), and nine (the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44- 1(a)(9)). On August 7, 2018, defendant filed a pro ...

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262 STATE OF NEW JERSEY v. TRAVIS J. MIDDLEBROOKS -- rank: 689

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of the defendant ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44- - 1(a)(6); and nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found these aggravating factors applicable, after ... defendant would entail excessive hardship to himself or his dependents.' N.J.S.A. 2C:44-1(b)(11). Our review of a court's sentencing decision ...

docket:	a0651-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	50196

263 STATE OF NEW JERSEY v. NAHOMI COLLAZO -- rank: 689

... excessive hardship to the defendant or the defendant's dependents'), N.J.S.A. 2C:44-1(b)(11), and twelve ('willingness of the defendant to cooperate with law enforcement'), N.J.S.A. 2C:44-1(b)(12), and concluded that the mitigating factors 'clearly and ... degree lower than those she was convicted of, pursuant to N.J.S.A. 2C:44-1(f)(2). 'Appellate review of sentencing decisions is relatively narrow ... aggravating or mitigating factors found by the trial judge under N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ... likelihood that the defendant is involved in organized criminal activity'), N.J.S.A. 2C:44-1(a)(5). It based this finding on the facts that ... for deterring the defendant and others from violating the law'), N.J.S.A. 2C:44-1(a)(9), stating that because there was 'a lot ...

docket:	a1542-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	58044

264 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 689

... aggravating factors one, two, three, four, nine, ten and eleven, N.J.S.A. 2C:44-1(a)(1), (2), (3), (4), (9), (10) and (11), applied to both defendants, and that aggravating factor six, N.J.S.A. 2C:44-1(a)(6), applied to Naguib. The judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendants 'and others from violating the law'), and added that aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11) ('[t]he imposition of a fine, penalty or ... sentencing judge found mitigating factors two, seven, eight and nine, N.J.S.A. 2C:44- 1(b)(2), (7), (8) and (9), '[a]nd the mitigating ... because it is the court's intention to impose 5 N.J.S.A. 2C:44-1(f)(2), provides: In cases of convictions for crimes ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

265 STATE OF NEW JERSEY v. FELIX LEBRON -- rank: 689

... s findings that aggravating factors three, six, and nine applied, N.J.S.A. 2C:44-1(a)(3), (6), (9), and that no mitigating factors applied, N.J.S.A. 2C:44-1(b). We discern no basis to "second guess" those determinations ...

docket:	a0981-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	unpublished
citation:
Document Size:	53553

266 /usr/local/share/www/libweb/collections/courts/appellate/a3415-19.opn.html -- rank: 689

... period of time before the commission of the present offense.' N.J.S.A. 2C:44-1(b)(7) (emphasis added). However, N.J.S.A. 2C:44-1(b)(7) does not require the sentencing court to consider ... to mitigating factors six, eleven, and twelve if relevant. See N.J.S.A. 2C:44-1(b)(6), (11) to (12). Here, neither mitigating factors six ... imprisonment, are relevant based on defendant's post-conviction evidence. N.J.S.A. 2C:44-1(b)(6), (11). Mitigating factor twelve, defendant's willingness 'to ... cooperate with law enforcement,' was both considered and ultimately found. N.J.S.A. 2C:44- 1(b)(12). A-3415-19 30 The court observed defendant ... and attitude, and ten, his response to probationary treatment. See N.J.S.A. 2C:44-1(b)(8) to (10). We also reject defendant's ...

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court:	NJ Superior Court Law/Chancery Division
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267 /usr/local/share/www/libweb/collections/courts/appellate/a3110-20.opn.html -- rank: 689

... found aggravating factors three, six, nine, twelve, and thirteen. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... of the offenses of which the defendant has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and others from violating the law'); N.J.S.A. 2C:44-1(a)(12) ('[t]he defendant committed the offense against a ... should have known was [sixty] years of age or older'); N.J.S.A. 2C:44-1(a)(13) ('[t]he A-3110-20 3 defendant, while ... mitigation, the judge found mitigating factors six and twelve. See N.J.S.A. 2C:44-1(b)(6) ('[t]he defendant has compensated or will ...

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court:	NJ Superior Court Law/Chancery Division
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268 STATE OF NEW JERSEY v. DEWAN DENNIS -- rank: 689

... were present: the risk that defendants will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendants’ 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). The judge further determined that Barnes' youth was the only pertinent mitigating factor. N.J.S.A. 2C:44-1(b)(13). As a result, the aggravating factors "clearly and ... were present: the risk that Barnes will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J. ...

docket:	a1055-07
court:	New Jersey Superior Court Appellate Division
decided:	2005-05-05
status:	Published
citation:
Document Size:	100692

269 STATE OF NEW JERSEY v. JAMES BAKER -- rank: 687

... the officers, and the public in finding aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense), because the ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Ibid. ; State v. Kruse , 105 N.J ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). When assessing whether this factor applies, "the sentencing ... argues that the court should have found mitigating factor four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse conduct), because of certain ... argues that the court should have found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (excessive hardship), because defendant was employed at the ... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). Application of mitigating factor eleven is proper ...

docket:	a3943-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-22
status:	unpublished
citation:
Document Size:	97261

270 STATE OF NEW JERSEY VS. REGINA A. WALLACE -- rank: 687

... in light of the applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1, defendant was sentenced to a term of twenty years with ... the credible evidence supported a finding of aggravating factors three, N.J.S.A. 2C:44-1(a)(3)—the risk that defendant will commit another offense—and nine, N.J.S.A. 2C:44-1(a)(9)—the need to deter defendant and others ... from violating the law. The court applied mitigating factors four, N.J.S.A. 2C:44-1(b)(4)—substantial grounds tending to excuse or justify ... s conduct, though failing to establish a defense—and seven, N.J.S.A. 2C:44-1(b)(7)—defendant's lack of prior criminal history. It also weighed mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11)—that imprisonment of the defendant would ...

docket:	a1719-22
court:	appellate
decided:	2024-07-03
status:	Unpublished
citation:
Document Size:	24775