Search Rutgers Law Library N.J. Court Opinions

361 STATE OF NEW JERSEY v. DAVID L. GASKINS -- rank: 667

... for the aggravating factors, and did not find mitigating factor N.J.S.A. 2C:44-1(b)(11), that his imprisonment would create an excessive hardship ... effect on society." He accordingly found the aggravating factors in N.J.S.A. 2C:44-1(a)(3), the risk that defendant would commit future offenses; N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record and the seriousness of his prior offenses; and N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ...

docket:	a1157-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-26
status:	unpublished
citation:
Document Size:	82497

362 /usr/local/share/www/libweb/collections/courts/appellate/a1284-18.opn.html -- rank: 665

... was committed in an especially heinous, cruel, or deprived manner, N.J.S.A. 2C:44-1(a)(1); two, the gravity and seriousness of the harm ... 26 1(a)(2); and nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. After finding ...

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363 STATE OF NEW JERSEY v. RAMI A. AMER -- rank: 665

... A-3047-18 39 and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... Here, the judge found aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3) (risk of reoffense), (6) (prior criminal history), and ... these factors 'significant weight.' Additionally, he found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victims for damages sustained ...

docket:	a3047-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-31
status:	Published
citation:
Document Size:	80348

364 STATE OF NEW JERSEY v. NACIA H. WEBB -- rank: 665

... and bench warrants. The court found applicable aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... the law. The court found no mitigating factors applicable under N.J.S.A. 2C:44-1(b). The court concluded an extended term was justified considering ...

docket:	a3649-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	62730

365 STATE OF NEW JERSEY v. JOHN W. CREAMER, III -- rank: 665

... for attempted criminal trespass. The court found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (listing the "gravity and seriousness of harm inflicted ... the victim was particularly vulnerable as an aggravating factor); three, N.J.S.A. 2C:44-1(a)(3) ("The risk that the defendant will commit another offense[.]"); six, N.J.S.A. 2C:44-1(a)(6) ("The extent of the defendant's prior criminal ... 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 the law). The court additionally found mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) ("The willingness of the defendant to cooperate with ...

docket:	a0784-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	58573

366 STATE OF NEW JERSEY v. DASHAWN H. WARD -- rank: 665

... asserts that the trial judge improperly weighed 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), and improperly considered the fact that defendant did ... 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, 220 ...

docket:	a3867-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	41319

367 STATE OF NEW JERSEY v. KENNETH D. GLASCO -- rank: 665

... the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The court ... 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:	a0897-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-29
status:	unpublished
citation:
Document Size:	40847

368 STATE OF NEW JERSEY VS. JOHN L. CURTIN -- rank: 665

... argument. At sentencing, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense); 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) (general and specific deterrence), outweighed mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (cooperation with law enforcement). Defendant challenges the court ... of aggravating factors one and three. Acknowledging mitigating factor fourteen, N.J.S.A. 2C:44-1(a)(14) ('[t]he defendant was under 26 years of ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within ...

docket:	a2581-21
court:	appellate
decided:	2024-08-02
status:	Unpublished
citation:
Document Size:	39934

369 STATE OF NEW JERSEY v. ANTWON D. MCGRIFF -- rank: 665

... six, and nine, as well as mitigating factor five. 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(b)(5) ('[t]he victim of the defendant’s conduct ... 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 and ...

docket:	a2573-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	50658

370 STATE OF NEW JERSEY v. GREGORY OLIVER -- rank: 665

... trial judge applied aggravating factors one, three, six and nine, N.J.S.A. 2C:44-1(a)(1), (3), (6) and (9), to all counts, and applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2), separately, to the aggravated assault charge.6 The ... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), noting the shots were fired at a moving ... he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2), due to the severity of the injury she ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), recognizing defendant had accumulated a criminal record consisting ...

docket:	a5140-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	54511

371 STATE OF NEW JERSEY v. P.R.R. -- rank: 665

... court found, and ascribed heavy weight to, aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the offense was committed in a heinous, depraved or cruel manner), and two, N.J.S.A. 2C:44-1(a)(2) (the victim was particularly vulnerable). The court also ... moderate weight to aggravating A-4855-16T3 11 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 ... of the present offenses, the court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), affording it moderate weight. Concluding the aggravating factors ... was a result of circumstances unlikely to recur), and nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate it ...

docket:	a4855-16
court:	NJ Superior Court Appellate Division
decided:	2020-04-09
status:	Unpublished
citation:
Document Size:	30508

372 STATE OF NEW JERSEY v. AMY L. AMKHANITSKY -- rank: 665

... 3(b), the presumption of non-imprisonment set forth in N.J.S.A. 2C:44-1(e) does not apply. Under the statute, 'the court should ... The court found applicable a single aggravating factor — nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... and circumstances warranted application of five mitigating factors — seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... of time before the commission of the present offense'), eight, N.J.S.A. 2C:44-1(b)(8) ('[t]he defendant's conduct was the result of circumstances unlikely to recur'), nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of the defendant ... that the defendant is unlikely to commit another offense'), twelve, N.J.S.A. 2C:44-1(b)(12) ('[t]he willingness of the defendant to ...

docket:	a2557-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-23
status:	Unpublished
citation:
Document Size:	37086

373 STATE OF NEW JERSEY v. GEORGE T. RODGERS -- rank: 665

... and balanced applicable aggravating and mitigating factors. Defendant suggests deterrence, N.J.S.A. 2C:44-1(a)(9), was inapplicable and asserts mitigating factors one, N.J.S.A. 2C:44-1(b)(1) ("defendant's conduct neither caused nor threatened serious harm") and two, N.J.S.A. 2C:44-1(b)(2) ("defendant did not contemplate that his conduct would ... had been convicted; and number nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), (9). In so doing, the judge reviewed ... including this matter. The judge found mitigating factor eleven applied, N.J.S.A. 2C:44-1(b)(11), as hardship would result to defendant's dependents ...

docket:	a2096-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	81721

374 STATE OF NEW JERSEY v. E.M.B -- rank: 665

... FOR RESENTENCING. 1. The October 19, 2020, Statutory Amendment to N.J.S.A. 2C:44-1(b)'s List of Mitigating Factors. 2. Defendant and Similarly ... And A Remand Is Practicable. POINT II THE AMENDMENT TO N.J.S.A. 2C:44-1(b) SHOULD BE APPLIED TO DEFENDANT'S PENDING APPEAL UNDER ... for the judge to consider under A-2676-19 3 N.J.S.A. 2C:44-1(b). In turn, the prosecutor did not argue for any specific aggravating factors under N.J.S.A. 2C:44-1(a). In a very brief oral decision, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), and nine, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors.2 The judge ...

docket:	a2676-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-23
status:	Unpublished
citation:
Document Size:	16729

375 STATE OF NEW JERSEY v. TRAVIS BURRIS -- rank: 665

... aggravating factors one (the nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(1); three (the risk of re-offense), N.J.S.A. 2C:44-1(a)(3); five (substantial likelihood of organized criminal activity), N.J.S.A. 2C:44-1(a)(5); six (defendant's prior record), N.J.S.A. 2C:44-1(a)(6); and nine (need to deter), N.J.S.A. 2C:44-1(a)(7). With respect to aggravating factor one, Judge Ravin ...

docket:	a0666-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	107520