Search Rutgers Law Library N.J. Court Opinions

646 STATE OF NEW JERSEY v. ISMAEL BINBOW -- rank: 627

... aggravating and mitigating factors, I do find aggravating factor-3, [ N.J.S.A. 2C:44-1(a)(3),] the risk that you will commit another crime ... the sequencing of your prior criminal history. Aggravating factor-6, [ N.J.S.A. 2C:44-1(a)(6),] the extent of your prior criminal record and ... convicted, which I just put on the record; and 9, [ N.J.S.A. 2C:44-1(a)(9),] the need for deterring you and others from ... find the following mitigating factor, which is mitigating factor 11, [ N.J.S.A. 2C:44-1(a)(11),] that your imprisonment would entail excessive hardship to ... hardship to your 13-year-old son[, mitigating factor 11, N.J.S.A. 2C:44-1(b)(11).] However, I find that the aggravating factors do ...

docket:	a2804-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	58383

647 STATE OF NEW JERSEY v. KHALIF WILLIAMS -- rank: 625

... of reoffense); six (criminal history); and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6), and (9), as well as A-2543-18 11 mitigating factor eleven (excessive hardship), N.J.S.A. 2C:44-1(b)(11), applied. The judge sentenced Williams to a seven ... factor nine and mitigating factor ten (amenable to probationary treatment), N.J.S.A. 2C:44-1(b)(10), as well as 'other [mitigating] reasons' advanced by ...

docket:	a2543-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	49032

648 STATE OF NEW JERSEY v. MICHAEL KAPROSCH -- rank: 625

... 3216-17T4 25 Here, 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 ... of the offenses for which he has been convicted); nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and eleven, N.J.S.A. 2C:44- 1(a)(11) (imposition of fine penalty or order of restitution ... the judge failed to address or find 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 ...

docket:	a3216-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-06
status:	Unpublished
citation:
Document Size:	48534

649 /usr/local/share/www/libweb/collections/courts/appellate/a2282-18.opn.html -- rank: 625

... months of parole ineligibility. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk the defendant will commit another offense; six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal history; and nine, N.J.S.A. 2C:44-1(a)(9), the strong need to deter defendant and others ... violating the law. The court also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), noting defendant led a law-abiding life for ... of time before the commission of these crimes, and eleven, N.J.S.A. 2C:44-1(b)(11), the hardship defendant's 3 Counts one and ...

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Document Size:	51637

650 STATE OF NEW JERSEY v. ANGELO CUCULINO -- rank: 625

... SERVED AT SENTENCING VIOLATING [RULE] 3:21-4(J) AND N.J.S.A. 2C:44-1. II-A. THE PCR COURT ERRED IN RULING DEFENDANT'S ...

docket:	a1864-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-14
status:	Unpublished
citation:
Document Size:	68054

651 STATE OF NEW JERSEY v. PETER R. MINCHELLA, JR -- rank: 625

... After weighing the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), the requirements of N.J.S.A ... for offenders subject to a presumption of incarceration pursuant to N.J.S.A. 2C:44-1(d) or to a mandatory prison term pursuant to N ...

docket:	a0386-20
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	24795

652 STATE OF NEW JERSEY v. WILLIAM CORSEY, IV -- rank: 625

... that the trial court erred in finding aggravating factor (1) ( N.J.S.A. 2C:44-1(a)(1)). Therefore, we remand for re-sentencing. I Defendant ... was committed in an especially heinous, cruel, or depraved manner) ( N.J.S.A. 2C:44-1(a)(1)); (3) (risk that the defendant will commit another offense) ( N.J.S.A. 2C:44-1(a)(3)); and (9) (need to deter defendant and others) ( N.J.S.A. 2C:44-1(a)(9)). The court gave "slight to moderate weight" to ... a law-abiding life for a substantial period of time) ( N.J.S.A. 2C:44-1(b)(7)), and gave that factor "moderate weight." For aggravating ...

docket:	a5229-07
court:	superior court appellate division
decided:	2010-11-08
status:	unpublished
citation:
Document Size:	29938

653 STATE OF NEW JERSEY v. FRANK E. MOORE -- rank: 625

... court balances the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... factor (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 defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor (11), the ... defendant would entail excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11). The judge concluded that the aggravating factors preponderate ...

docket:	a2953-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-29
status:	unpublished
citation:
Document Size:	39534

654 STATE OF NEW JERSEY v. JOSE M. ROSARIO -- rank: 625

... not agree. Here, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); three, N.J.S.A. 2C:44-1(a)(3) (likelihood that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of prior record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a5161-09
court:	NJ Superior Court Appellate Division
decided:	2012-12-05
status:	unpublished
citation:
Document Size:	36351

655 STATE OF NEW JERSEY v. T.R.G. -- rank: 625

... A] trial court should identify the relevant aggravating [factors of N.J.S.A. 2C:44-1(a)] and mitigating factors [of N.J.S.A. 2C:44-1(b)], determine which factors are supported by a preponderance of ... J. at 363-64. The court found three aggravating factors, N.J.S.A. 2C:44- 1(a)(3), (6), and (9), and two mitigating factors, N.J.S.A. 2C:44- 1(b)(7) and (11). The court concluded that the risk ... evidence in the record to justify the factor. As to N.J.S.A. 2C:44-1(a)(b), defendant's priors were certainly quite old, from ... we agree that the great weight the judge gave to N.J.S.A. 2C:44-1(a)(9) was improper. In this case, the victims ...

docket:	a5308-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-17
status:	unpublished
citation:
Document Size:	102552

656 STATE OF NEW JERSEY v. T.F. -- rank: 625

... of his 'immaturity and youthful ignorance'; find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or ... need for deterring defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found no mitigating factors ... Effective, October 19, 2020, the Legislature enacted mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14) ('[t]he defendant was under 26 years of ...

docket:	a3484-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-23
status:	Unpublished
citation:
Document Size:	58062

657 STATE OF NEW JERSEY v. CHRISTOPHER JOHN FASANO -- rank: 625

... 364 (1984). Where "substantial evidence" supports the application of the N.J.S.A. 2C:44-1 sentencing factors, reversal is appropriate only where the sentence "shocks ... L. Ed.2d 308 (1986). The judge found mitigating factor N.J.S.A. 2C:44-1(b)(7), that defendant has no prior history of criminal ... judge also found two of the aggravating factors listed in N.J.S.A. 2C:44-1(a), i.e., (3) a risk of recidivism and (9 ... Defendant also challenges the judge's finding that aggravating factor N.J.S.A. 2C:44-1(a)(9) applied because defendant did not show any remorse ... defendant indicate that he is unlikely to commit another offense." N.J.S.A. 2C:44-1(b)(9). A defendant's lack of remorse is sufficient ...

docket:	a1129-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-29
status:	unpublished
citation:
Document Size:	36911

658 STATE OF NEW JERSEY v. JAMES E. ZOLA -- rank: 625

... twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was twenty-four-years old at the ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not ''substitute [their] assessment ... aggravating factors one, two, three, six, nine and twelve. See N.J.S.A. 2C:44-1(a)(1) ('[t]he nature and circumstances of the offense ... the defendant’s conduct, though failing to establish a defense.' N.J.S.A. 2C:44-1(b)(4). Counsel cited a 1983 psychiatric report by Dr ... tending to excuse or justify . . . defendant's conduct' in 1983. N.J.S.A. 2C:44-1(b)(4). However, Dr. Sadoff testified at defendant's capital ... supporting evidence 'fail[ed] to establish a defense' at trial, N.J.S.A. 2C:44-1(b)(4), we see no reason A-2240-19 ...

docket:	a2240-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-05
status:	Unpublished
citation:
Document Size:	26933

659 STATE OF NEW JERSEY v. LANCE A. FULTON -- rank: 625

... in December 2011. The sentencing judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('[t]he nature and circumstances of the offense ... committed in an especially heinous, cruel, or depraved manner'), three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant A-2161-19 4 will commit another offense'), and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... violating the law'). The sentencing court found mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) ('[t]he willingness of the defendant to cooperate ... 11 the brutal homicide when it found aggravating factor one, N.J.S.A. 2C:44- 1(a)(1). We have already held on direct appeal the ...

docket:	a2161-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	25969

660 STATE OF NEW JERSEY v. DONALD ANDREWS -- rank: 625

... Roth , 95 N.J. 334 , 364-65 (1984). Affirmed. 1 N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness of harm inflicted ... known that the victim of the offense was particularly vulnerable"); 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 ... seriousness of the offenses of which he has been convicted"); N.J.S.A. 2C:44-1(a)(9) ("[t]he need for deterring the defendant and ...

docket:	a1458-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	47919