Search Rutgers Law Library N.J. Court Opinions

586 /usr/local/share/www/libweb/collections/courts/appellate/a2552-19.opn.html -- rank: 634

... of reoffending); six (prior record); and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating ... court must examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Each factor found by the court must ... and as a basis for finding an aggravating factor under N.J.S.A. 2C:44-1(a). We agree that such double-counting is impermissible. State ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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587 STATE OF NEW JERSEY v. ALTAREIK R. JOHNSON TAYLOR -- rank: 634

... condominium unit; contends we should retroactively apply the amendment to N.J.S.A. 2C:44- - 1, which added 'youth' as a new mitigating factor; and remand ... suppress. III. In Point II of his brief, defendant contends N.J.S.A. 2C:44-1, which added 'youth' as a new mitigating factor, should be ...

docket:	a0686-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-22
status:	Unpublished
citation:
Document Size:	41689

588 State of New Jersey v. Patrick McFarlane -- rank: 634

... subject to NERA. The trial judge applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), noting that there was a risk the nineteen ... first-degree robbery. The judge also applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6), finding that defendant’s prior criminal record was ... an adult. In addition, the judge applied aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), finding that there was a need to deter ... “a small amount of weight” to mitigating factor six, N.J.S.A. 2C:44-1(b)(6), 3 assuming that “during his incarceration the ... compensated the victim or will participate in community service.” N.J.S.A. 2C:44-1(b)(6). 4 Pursuant to NERA, eighty-five percent mandatory ... committed in an especially heinous, cruel, or depraved manner.” N.J.S.A. 2C:44-1(a)(1). 9 The sentencing range for first-degree ...

docket:	A-7-15
court:	NJ Supreme Court
decided:	2016-04-07
status:
citation:	224 N.J. 458 134 A.3d 956
Document Size:	72438

589 STATE OF NEW JERSEY v. KEITH V. CUFF -- rank: 634

... court found aggravating factors three, the likelihood of reoffendin g, N.J.S.A. 2C:44-1(a)(3); six, defendant had a criminal record, N.J ... 6 1(a)(6); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court detailed the facts supporting each of ... to sentencing proceedings held on or after that date. See N.J.S.A. 2C:44-1(b)(14); L. 2020, c. 110; see also Rivera, 249 ...

docket:	a1451-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-31
status:	Unpublished
citation:
Document Size:	28663

590 STATE OF NEW JERSEY v. RICHARD R. LEONCINI -- rank: 634

... sentence: (3) "the risk that defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), (6) "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 (9) "the need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). Additionally, the judge found three pertinent mitigating factors ... contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2), (4) "there were substantial grounds tending to excuse ... period of time before the commission of the present offense," N.J.S.A. 2C:44-1(b)(7). On balance, the judge concluded that the "mitigating ...

docket:	a5526-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	published
citation:
Document Size:	74306

591 /usr/local/share/www/libweb/collections/courts/appellate/a0537-19.opn.html -- rank: 634

... can account for a statutory mitigating factor relating to youth, N.J.S.A. 2C:44-1(b)(14). That mitigating factor was enacted after the sentencing ... statutory mitigating factor that accounts for a defendant's youth. N.J.S.A. 2C:44-1(b)(14) now includes as a mitigating circumstance that, '[t ... and so a remand would not be needed even if N.J.S.A. 2C:44- 1(b)(14) were to be given retroactive application. Any arguments ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	69712

592 STATE OF NEW JERSEY v. ANTHONY F. NOVELLINO -- rank: 634

... its weighing of the aggravating factors and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). He contends an appropriate weighing of the ... 364-65 (1984)). Here, the court found aggravating factor one, N.J.S.A. 2C:44-1(a)(1), "[t]he nature and circumstances of the offense ... in an especially heinous, cruel, or depraved manner," and nine, N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... violating the law." The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the fact that "[t]he defendant has no ...

docket:	a1085-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-10
status:	unpublished
citation:
Document Size:	53211

593 STATE OF NEW JERSEY v. BOBBY SINGLETARY -- rank: 634

... court found aggravating factors four, breach of the public trust, N.J.S.A. 2C:44-1(a)(4), and nine, need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found mitigating factors seven, no prior criminal record, N.J.S.A. 2C:44-1(b)(7), and eight, the circumstances are unlikely to recur, N.J.S.A. 2C:44-1(b)(8). The court determined the aggravating factors outweighed the ... it found applicable aggravating factor four, breach of public trust, N.J.S.A. 2C:44-1(a)(4). In finding this factor applicable, the trial court ... or he is committing such act in an unauthorized manner. N.J.S.A. 2C:44-1(a)(4) states: A lesser sentence will depreciate the ...

docket:	a4849-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	41849

594 STATE OF NEW JERSEY v. MARQUISE BROWN -- rank: 634

... warranted so that the judge can consider mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), even though it took effect after he was ... of prior criminal record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), -1(a)(6), and -1(a)(9). A ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). We are mindful that our Supreme Court granted ... J. 534 (2021), in which the legal issue is whether N.J.S.A. 2C:44-1(b)(14) applies retroactively, and if so, to what extent ... absent resentencing 'for a reason unrelated to the adoption of [ N.J.S.A. 2C:44- - 1(b)(14)].' 2 Nothing in this opinion precludes the court ...

docket:	a2408-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	48178

595 STATE OF NEW JERSEY v. HAROLD MILLER -- rank: 634

... imprisonment would entail excessive hardship to defendant or his dependents). N.J.S.A. 2C:44-1(b)(2), (4), (6), (8), and (11). The judge found ... be perceived as part of the cost of doing business). N.J.S.A. 2C:44-1(a)(3), (5), (6), (9), and (11). The judge found ... the aggravating factors and where the interest of justice demands.' N.J.S.A. 2C:44-1(f)(2). 'The reasons justifying a downgrade must be 'compelling ...

docket:	a0748-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-14
status:	unpublished
citation:
Document Size:	90273

596 /usr/local/share/www/libweb/collections/courts/appellate/a1687-18.opn.html -- rank: 634

... trial court found aggravating factor three (risk defendant will reoffend), N.J.S.A. 2C:44-1(a)(3). Defendant had at least twelve prior adult arrests ... The trial court also found aggravating factor six (prior record), N.J.S.A. 2C:44-1(a)(6). Defendant was previously convicted of theft by unlawful ... The court further found aggravating factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9). The court noted the violent nature of the ... to mitigating factor three ('defendant acted under a strong provocation'), N.J.S.A. 2C:44-1(b)(3), the court found that outside of a few ... mitigating factor five (victim induced or facilitated defendant's conduct), N.J.S.A. 2C:44-1(b)(5), the court found that Willis 'certainly didn't ... s conduct was the result of circumstances unlikely to recur'), N.J.S.A. 2C:44-1(b)(8), the judge concluded defendant's 'prior record ...

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597 STATE OF NEW JERSEY v. BOBBY PERRY -- rank: 634

... judge applied five aggravating factors: the nature of the offense, N.J.S.A. 2C:44-1(a)(1); the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); prior criminal record, 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 judge also gave some weight to mitigating factor seven, no history of criminal activity. N.J.S.A. 2C:44-1(b)(7). Defendant now argues that the judge erred ...

docket:	a1686-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-27
status:	unpublished
citation:
Document Size:	46993

598 STATE OF NEW JERSEY v. MICHELLE J. HURLEY -- rank: 634

... V At sentencing, the trial court applied aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence), and mitigating factor seven ... She argues the court should have applied mitigating factors three, N.J.S.A. 2C:44-1(b)(3) ('defendant acted under a strong provocation'), four, N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to excuse ... defendant's conduct, though failing to establish a defense'), eight, N.J.S.A. 2C:44-1(b)(8) (the offense was 'the result of circumstances unlikely to recur'); and nine, N.J.S.A. 2C:44-1(b)(9) (the defendant's character and attitude 'indicate that ...

docket:	a4707-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	34762

599 STATE OF NEW JERSEY v. DONTE S. JONES -- rank: 634

... a second-degree offender. 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 seriousness of the offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the judge erred by failing to find mitigating factor one. N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten ... the judge erred by failing to find mitigating factor two. N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ... defendant contends the judge should have found mitigating factor eight. N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of ...

docket:	a5135-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-20
status:	Unpublished
citation:
Document Size:	44207

600 STATE OF NEW JERSEY v. BRIAN SHEPPARD -- rank: 634

... one, three, six, and nine, and mitigating factor seven. See N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances A-0332-19 43 of ... was committed in an especially heinous, cruel, or depraved manner'); N.J.S.A. 2C:44-1(a)(3) ('risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('extent of the defendant's prior criminal record ... of the offenses of which the defendant has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('need for deterring the defendant and others from violating the law'); N.J.S.A. 2C:44-1(b)(7) ('defendant has no history of prior delinquency or ...

docket:	a0332-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-29
status:	Unpublished
citation:
Document Size:	87902