Search Rutgers Law Library N.J. Court Opinions

316 STATE OF NEW JERSEY v. KESHAUN D. EARLEY -- rank: 676

... sentence defendant without consideration of aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1) and (2). I. Shortly before noon on August ... 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, defendant's prior 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. Pertinent ...

docket:	a5051-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-17
status:	unpublished
citation:
Document Size:	79617

317 STATE OF NEW JERSEY v. JULIO J. PINA-CATENA -- rank: 676

... must identify whether any of the aggravating factors enumerated in N.J.S.A. 2C:44-1(a) or the mitigating factors in N.J.S.A. 2C:44-1(b) apply, and then balance the applicable factors. Id. at ... aggravating factors: (1) the nature of the offense (factor one), N.J.S.A. 2C:44- 1(a)(1); (2) the seriousness of harm inflicted in the victim (factor two), N.J.S.A. 2C:44-1(a)(2); (3) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); and (4) the need to deter defendant and others from violating the law (factor nine), N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor seven, ...

docket:	a1191-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-30
status:	Unpublished
citation:
Document Size:	36054

318 STATE OF NEW JERSEY v. KIRK B. FEINSTEIN -- rank: 676

... statutory aggravating factors: one (nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(1); three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); five (organized crime), N.J.S.A. 2C:44-1(a)(5); six (criminal history and seriousness of conviction), N.J.S.A. 2C:44-1(a)(6); seven (payment for crime), N.J.S.A. 2C:44-1(a)(7); nine (deterrence), N.J.S.A. 2C:44-1(a)(9); and eleven (fines as a cost of ...

docket:	a3516-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	unpublished
citation:
Document Size:	35913

319 STATE OF NEW JERSEY VS. ANDRE HARRIS -- rank: 676

... judge to find the following mitigating factors: mitigating factor three, N.J.S.A. 2C:44-1(b)(3), defendant acted under strong provocation; mitigating factor four, N.J.S.A. 2C:44-1(b)(4), substantial grounds tending to excuse or justify defendant's conduct; mitigating factor six, N.J.S.A. 2C:44-1(b)(6), defendant will compensate the victim or will participate in a program of community service; mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), defendant has no history of delinquency or criminal ... life for a substantial period of time; mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), defendant's conduct was the result of circumstances unlikely to recur; mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), defendant's character and attitude indicate he ...

docket:	a3228-21
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	27925

320 State v. Ricky Zuber -- rank: 676

... touch on a defendant’s youthful status. See, e.g. , N.J.S.A. 2C:44-1(b)(13) (“The conduct of a youthful defendant was ... another person more mature than the defendant.”); see also N.J.S.A. 2C:44-1(b)(4) (“There were substantial grounds tending to excuse ...

docket:	A-54-15
court:	NJ Supreme Court
decided:	2017-01-11
status:
citation:	227 N.J. 422 152 A.3d 197
Document Size:	190705

321 STATE OF NEW JERSEY v. ALDABERTO VEGA -- rank: 676

... analysis for each defendant's sentence. He found aggravating factors N.J.S.A. 2C:44-1(a)(3) (the risk of reoffense), N.J.S.A. 2C:44-1(a)(6) (a prior criminal record), and N.J.S.A. 2C:44-1(a)(9) (the need to deter), as well as mitigating factor N.J.S.A. 2C:44-1(b)(11) (imprisonment will result in excessive hardship to defendant ... factors, as set forth in subsections a. and b. of [ N.J.S.A.] 2C:44-1, or the court finds that the aggravating factor set forth ...

docket:	a0935-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	65146

322 /usr/local/share/www/libweb/collections/courts/appellate/a3389-11.opn.html -- rank: 676

... three aggravating factors: the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9). The court rejected defendant's contention that mitigating ... judge failed to apply mitigating factors four and five. See N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant's conduct, though not a defense); N.J.S.A. 2C:44-1(b)(5) (the victim induced or facilitated defendant's conduct ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79025

323 STATE OF NEW JERSEY VS. WILLIAM J. SILVERS, III -- rank: 676

... restraining orders. The court found several pertinent aggravating factors: two, N.J.S.A. 2C:44-1(a)(2) (severity of harm to victim); three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (extent and severity of defendant's prior criminal history); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The court identified no mitigating ...

docket:	a2353-21redacted
court:	appellate
decided:	2023-11-13
status:	Published
citation:
Document Size:	57284

324 /usr/local/share/www/libweb/collections/courts/appellate/a4710-16.opn.html -- rank: 676

... aggravating factors and no mitigating factors: (1) aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk existed that defendant will reoffend); (2) aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... the seriousness of the offenses); and (3) aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others from ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51398

325 STATE OF NEW JERSEY V. MARKO BEY -- rank: 676

... in traditional sentencing guidelines." 130 N.J. at 159 (citing N.J.S.A. 2c:44-1). The Court identified three elements of criminal culpability as examples ...

docket:	a-1-93
court:	njsupreme
decided:	1994-06-30
status:
citation:	137 N.J. 334
Document Size:	157156

326 STATE OF NEW JERSEY v. GARY J. PASSARELLI -- rank: 676

... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and nine, '[t]he need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9). The following evidence was adduced at trial. On ... sentencing court must consider aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b). The court found aggravating factors one, two ... was committed in an 'especially heinous, cruel, or depraved manner,' N.J.S.A. 2C:44-1(a)(1); factor two is '[t]he gravity and seriousness ... on the victim' and whether the victim is particularly vulnerable, N.J.S.A. 2C:44-1(a)(2). Defendant does not object to these findings. Mitigating ... for the damage or injury that he [or she] sustained,' N.J.S.A. 2C:44-1(b)(6), and factor four is 'substantial grounds tending ...

docket:	a2932-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-17
status:	Unpublished
citation:
Document Size:	48224

327 /usr/local/share/www/libweb/collections/courts/appellate/a1461-19.opn.html -- rank: 676

... pleas. Because the trial court improperly found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), we vacate defendant's sentence and remand for ... On remand the court should consider the youth mitigating factor, N.J.S.A. 2C:44-1(b)(14). Defendant was seventeen years old when he shot ... of re-offense), and nine (general and specific deterrence). See N.J.S.A. 2C:44-1(a)(3) and (a)(9). Before identifying and weighing the ... the gravity and seriousness of harm inflicted by [defendant].' See N.J.S.A. 2C:44-1(a)(2). The court tersely continued: 'The harm that [defendant ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44-1(b)(14), AND BECAUSE THE TRIAL COURT ERRED IN ITS ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). Absent an independent basis to remand A- ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23831

328 STATE OF NEW JERSEY v. LAMAR G. FIELDS -- rank: 673

... imprisonment is excessive. Here, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense, including whether ... was committed in a heinous, cruel, or depraved manner); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm to the victim); 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); 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) (defendant knew or should have known that ...

docket:	a4815-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	unpublished
citation:
Document Size:	52670

329 STATE OF NEW JERSEY v. AKBAR N. SALAAM -- rank: 673

... were "particularly egregious." At sentencing, the trial judge found that N.J.S.A. 2C:44-1(a)(1), "[t]he nature and circumstances of the offense ... drugs into the general community." The trial judge also found N.J.S.A. 2C:44-1(a)(3) because he was convinced that defendant would "commit ... factor six, and likewise applied and placed "great weight on" N.J.S.A. 2C:44 1(a)(9), the "need for deterring [defendant] and others from violating the law." Finally, the trial judge applied N.J.S.A. 2C:44-1(a)(11), that "[t]he imposition of a fine, penalty ... concedes that the judge's finding of aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11), was also error, as it applies when the ...

docket:	a6394-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-02-04
status:	Published
citation:
Document Size:	68574

330 STATE OF NEW JERSEY v. DAVON COOPER -- rank: 673

... not result in a conviction to support finding aggravated factor N.J.S.A. 2C:44-1(a)(6); (3) abused its discretion when it granted the ... State v. Roth, 95 N.J. 334, 363-64 (1984); N.J.S.A. 2C:44-1. Stated differently, we must determine 'whether, on the basis of ... found sufficient evidence to support the following aggravating factors under N.J.S.A. 2C:44-1(a): (3), the likelihood that Cooper may commit another offense ... used this line of reasoning to support finding aggravating factor N.J.S.A. 2C:44-1(a)(3). According to the judge, Cooper's 'pattern is ... period of time, the judge's finding of aggravated factor N.J.S.A. 2C:44- 1(a)(3) remains well-supported by competent evidence in the ...

docket:	a2695-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-07
status:	Unpublished
citation:
Document Size:	41295