Search Rutgers Law Library N.J. Court Opinions

556 STATE OF NEW JERSEY v. JAQUIL JOHNSON -- rank: 638

... found aggravating sentencing factors one, three, six and nine. See N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); (a)(3 ... After considering defendant's arguments regarding applicable mitigating factors, see N.J.S.A. 2C:44-1(b), the judge found none. Defendant's primary challenge is ... or depraved manner.'' Id. at 74 (alteration in original) (quoting N.J.S.A. 2C:44-1(a)(1)). This factor A-5290-17T1 27 requires the ...

docket:	a5290-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	54444

557 /usr/local/share/www/libweb/collections/courts/appellate/a4916-15.opn.html -- rank: 638

... for the law.' The court found aggravating factor three applicable, N.J.S.A. 2C:44-1(a)(3), the risk that the defendant will commit another ... additionally found applicable aggravating A-4916-15T1 28 factor six, N.J.S.A. 2C:44-1(a)(6), the extent of the defendant's prior criminal ... criminal history. Finally, the court found applicable aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterring defendant and others from ...

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court:	NJ Superior Court Law/Chancery Division
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558 STATE OF NEW JERSEY v. KAREEM T. TILLERY -- rank: 638

... 364- 65 (1984)). Here, the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense). The ... of stable employment. The judge also found aggravating factor six, N.J.S.A. 2C:44- 1(a)(6) (extent of defendant's prior criminal record and ... a weapon. In addition, the judge found aggravating factor nine, N.J.S.A. 2C:44- 1(a)(9) (need to deter defendant and others from violating ...

docket:	a4281-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-05
status:	Unpublished
citation:
Document Size:	44404

559 STATE OF NEW JERSEY v. ZAIRE J. CROMEDY -- rank: 638

... aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3); six, the extent of defendant's prior criminal record, N.J.S.A. 2C:44- - 1(a)(6); and nine, the need to deter the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Defendant was sentenced to ten years of imprisonment ... degree crime, under certain circumstances'). Conversely, subject to certain conditions, N.J.S.A. 2C:44-1(e) allows a court not to impose a term of ...

docket:	a1145-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-04
status:	Published
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560 STATE OF NEW JERSEY v. ALFONSO HEGGS -- rank: 638

... three (risk of re-offense) and nine (need to deter), N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factor seven (no prior history of criminal activity), N.J.S.A. 2C:44-1(b)(7). Further, he found the aggravating factors substantially 'outweigh ... a pecuniary incentive beyond that inherent in the offense itself), N.J.S.A. 2C:44-1(a)(7). Although defense counsel admitted 'there[] may[] be a ... attitude indicate the defendant is unlikely to commit another offense), N.J.S.A. 2C:44-1(b)(8) and (9). He explained his decision, noting certain ... SHOULD ALSO BE REMANDED FOR CONSIDERATION OF MITIGATING FACTOR FOURTEEN[, N.J.S.A. 2C:44-1(b)(14)]. A. THE COURT IMPROPERLY CONSIDERED HEGGS'S RELATIVE ... identify and balance the aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b) and explain the factual basis underpinning ...

docket:	a0586-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-02
status:	Unpublished
citation:
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561 STATE OF NEW JERSEY v. STEPHEN MAURRASSE -- rank: 638

... defense counsel. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The court then found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant would pay restitution). The sentencing judge provided ... imposed on Maurrasse. The trial court found aggravating factor 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 for deterrence). The trial court ...

docket:	a5470-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	65260

562 STATE OF NEW JERSEY v. ERIC KIM -- rank: 638

... Two. See N.J.S.A. 2C:35-14(a); N.J.S.A. 2C:44-1(d); Drug Court Manual 10, 16. Track Two is designed ... NERA. See N.J.S.A. 2C:43-7.2; N.J.S.A. 2C:44-1(d). In that regard, we reject defendant's argument that ... sentencing judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3), (6), and (9). The sentencing judge found only ...

docket:	a0552-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	46538

563 STATE OF NEW JERSEY v. RASHAWN BOND -- rank: 638

... and that the court should have found mitigating factor four ( N.J.S.A. 2C:44-1(b)(4): "There were substantial grounds tending to excuse or ... 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 ... defendant, the judge found four aggravating factors, namely, factor one ( N.J.S.A. 2C:44-1(a)(1): "The nature and circumstances of the offense, and ... committed in an especially heinous, cruel, or depraved manner"); two ( N.J.S.A. 2C:44-1(a)(2): "The gravity and seriousness of harm inflicted on ... of exercising normal physical or mental power of resistance"); three ( N.J.S.A. 2C:44-1(a)(3): "The risk that the defendant will commit another offense"); and nine ( N.J.S.A. 2C:44-1(a)(9): "The need for deterring the defendant and ...

docket:	a2317-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-18
status:	unpublished
citation:
Document Size:	114954

564 /usr/local/share/www/libweb/collections/courts/appellate/a0088-18.opn.html -- rank: 638

... Defendant also contends the court erroneously rejected mitigating factor one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious harm), and mitigating factor two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate his conduct would cause ...

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565 /usr/local/share/www/libweb/collections/courts/appellate/a4644-17.opn.html -- rank: 638

... weighing the applicable aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1. Specifically, defendant contends the court erred in ascribing weight to ...

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566 STATE OF NEW JERSEY v. MICHAEL LAMAR LIVINGSTON -- rank: 636

... court found two aggravating factors, Delevry's risk of recidivism, N.J.S.A. 2C:44-1(a)(3), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The court also observed that Delevry appeared to ... mitigating factors, defendant's lack of a prior criminal record, N.J.S.A. 2C:44-1(b)(7), and that incarceration would impose a significant hardship on him, N.J.S.A. 2C:44-1(b)(11). Concluding that the aggravating factors substantially outweighed the ... aggravating factors, the risk that defendant would 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 to deter defendant and ...

docket:	a2674-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82760

567 /usr/local/share/www/libweb/collections/courts/appellate/a5128-18.opn.html -- rank: 636

... and also as the basis for finding aggravating factors 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 ... offenses of which [the defendant] has been convicted'); and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... 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 ...

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568 /usr/local/share/www/libweb/collections/courts/appellate/a0331-17.opn.html -- rank: 636

... the public needs protection.' The court 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 convictions and the seriousness of those offenses), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter others). The court found no ...

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569 /usr/local/share/www/libweb/collections/courts/appellate/a2971-20.opn.html -- rank: 636

... The court found only one aggravating factor, aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... the mitigating factors, the trial court found factor six, 10 N.J.S.A. 2C:44-1(b)(6) ('The defendant has compensated or will compensate the ... will participate in a program of community service'); factor seven, N.J.S.A. 2C:44-1(b)(7) ('The defendant has no history of prior delinquency ... time before the commission of the present offense'); factor nine, N.J.S.A. 2C:44- 1(b)(9) ('The character and attitude of the defendant indicate ... defendant is unlikely to commit another offense'); and factor ten, N.J.S.A. 2C:44-1(b)(10) ('The defendant is particularly likely to respond affirmatively ... to the closely analogous presumption of imprisonment set forth in N.J.S.A. 2C:44- - 1(d).12 We are mindful that reviewing courts have ...

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570 STATE OF NEW JERSEY v. ALRASHIM N. CHAMBERS -- rank: 636

... reoffense), six (prior criminal record), and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6) and (9) applied. As to defendant's ... hardship to defendant or his dependents under mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11). Given these findings, the judge stated he was ... defendant's conduct) and eleven (excessive hardship due to imprisonment), N.J.S.A. 2C:44-1(b)(2), (3), (4) and (11). These arguments lack merit ...

docket:	a2551-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:	Unpublished
citation:
Document Size:	72401