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676 STATE OF NEW JERSEY v. AYANNA DUNIA -- rank: 623

... sentenced in the third-degree range. "[I]n sentencing under [ N.J.S.A. 2C:]44-1(f)(2), a court must apply the basic principles that ... S.A. 2C:29-5(d) (Count Four). 3 See N.J.S.A. 2C:44-1(a)(3), (6), and (9). 4 See N.J.S.A. 2C:44-1(b)(1), (2), (7), (9), and (10). This archive is ...

docket:	a3948-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-24
status:	unpublished
citation:
Document Size:	43730

677 STATE OF NEW JERSEY v. RAFAEL G. PICHARDO -- rank: 623

... aggravating factors: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the offense was committed against a police officer, N.J.S.A. 2C:44-1(a)(8); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge also found one mitigating factor: defendant ... prior criminal activity and has led a law-abiding life, N.J.S.A. 2C:44-1(b)(7). Pichardo was sentenced to a seven-year term ...

docket:	a0539-09
court:	superior court appellate division
decided:	2011-02-08
status:	unpublished
citation:
Document Size:	39963

678 STATE OF NEW JERSEY v. MYNDELL JACKSON -- rank: 623

... persuade the court that it found one inappropriate aggravating factor, N.J.S.A. 2C:44-1(a)(1); "overvalued" aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9); and erroneously found no mitigating ...

docket:	a1643-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	unpublished
citation:
Document Size:	39267

679 STATE OF NEW JERSEY VS. MERRILL C. SPENCER -- rank: 623

... She found four aggravating factors: the risk of defendant reoffending, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood defendant is involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); defendant's prior criminal record, N.J.S ... a)(6); and the need to deter defendant and others, N.J.S.A. 2C:44- 1(a)(9). This appeal follows. Defendant raises the following contentions ... evidence in the record.' We first address aggravating factor nine, N.J.S.A. 2C:44-1(a)(9). Our Supreme Court has 'recognized that facts that ... willingness of the defendant to cooperate with law enforcement authorities,' N.J.S.A. 2C:44-1(b)(12). In State v. Read, we question[ed] whether ...

docket:	a0993-22
court:	appellate
decided:	2024-08-02
status:	Unpublished
citation:
Document Size:	54416

680 STATE OF NEW JERSEY v. NAHSHAUN K. WHITE -- rank: 623

... have sentenced him as a second-degree offender pursuant to N.J.S.A. 2C:44-1(f)(2). More particularly, defendant raises the following points for ... than that of the crime for which he was convicted.' N.J.S.A. 2C:44-1(f)(2). In evaluating whether to impose a downgraded sentence ... finds applicable to a defendant under the first prong of [N.J.S.A. 2C:]44-1(f)(2).' Id. at 502. To place defendant's newly ... to defendant's character. The judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (general and specific deterrence); and mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant's lack of prior criminal history), and nine, N.J.S.A. 2C:44-1(b)(9) (defendant is unlikely to reoffend). The judge ...

docket:	a2492-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-10
status:	Unpublished
citation:
Document Size:	47323

681 STATE OF NEW JERSEY v. DAREL ASHLEY -- rank: 623

... factors'" that justify a parole bar. Id. at 95 (quoting N.J.S.A. 2C:44-1(f)). The judge must also "specifically distinguish between those factors ...

docket:	a4849-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	84765

682 A-0STATE OF NEW JERSEY v. M.R.P September 5, 2014 -- rank: 623

... was committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); (2) the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and (3) the need to deter, N.J.S.A. 2C:44-1(a)(9). The judge additionally found two mitigating factors: (1) no prior history of delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7); and (2) excessive hardship resulting to defendant from imprisonment, N.J.S.A. 2C:44-1(b)(11). After weighing the aggravating and mitigating factors, the ...

docket:	a2982-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	55215

683 STATE OF NEW JERSEY v. MICHAEL T. POWELL -- rank: 623

... the trial judge found aggravating factors three, six, and nine. 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" and "seriousness of" prior convictions); N.J.S.A. 2C:44-1(a)(9) ("need for deterring the defendant and others"). The ... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). Ultimately, the judge concluded that the "aggravating factors ... App. Div. 1985), certif. denied , 102 N.J. 393 (1986); N.J.S.A. 2C:44-1(c)(1). However, a sentencing judge's reference to a ...

docket:	a1790-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	53120

684 STATE OF NEW JERSEY v. CARLTON L. BAILEY -- rank: 623

... its conclusion that aggravating factors three, six, and nine applied. N.J.S.A. 2C:44-1(a)(3); N.J.S.A. 2C:44-1(a)(6); N.J.S.A. 2C:44-1(a)(9). Specifically, the court noted the 'substantial risk that ... factors, specifically rejecting defendant's arguments regarding mitigating factors one, N.J.S.A. 2C:44-1(b)(1); two, N.J.S.A. 2C:44-1(b)(2); and eight, N.J.S.A. 2C:44-1(b)(8). The court found that 'attempting to escape ...

docket:	a3084-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-04
status:	unpublished
citation:
Document Size:	40605

685 STATE OF NEW JERSEY v. DONALD HERTEL -- rank: 623

... arguments with respect to aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1. He found one aggravating factor, the need to deter defendant ...

docket:	a3156-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	69354

686 STATE OF NEW JERSEY v. CHRISTOPHER NEIDERMAN -- rank: 623

... While the court found no mitigating factors to be present, N.J.S.A. 2C:44-1(b)(1) to -1(b)(13), defendant argues that factors ... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). Despite defendant’s arguments to the contrary, even ... of her five senses." With respect to mitigating factor (11), N.J.S.A. 2C:44-1(b)(11), it is clear from the record that there ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 N.J.S.A. 2C:44-1(a)(3); (6); (9). This archive is a service of ...

docket:	a0164-09
court:	superior court appellate division
decided:	2010-09-30
status:	unpublished
citation:
Document Size:	62693

687 STATE OF NEW JERSEY v. CHRISTOPHER C. SCHWARTZ -- rank: 623

... minimum.' Cannel, N.J. Criminal Code Annotated, cmt. 6 on N.J.S.A. 2C:44-1 (2023) (citing State v. Press, 176 N.J. 68 (2003 ... of parole ineligibility 'in determining the appropriate term of imprisonment.' N.J.S.A. 2C:44-1(c)(2). The CDRA requires extended mandatory minimum terms for ...

docket:	a0902-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-05
status:	Unpublished
citation:
Document Size:	38862

688 STATE OF NEW JERSEY v. D.T.A. -- rank: 621

... incarceration as to the first and second-degree charges. See N.J.S.A. 2C:44-1(e). Therefore, the judge 'accord[ed] somewhat of a greater ... 2977-16T4 17 aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within the ... that aggravating factors two, three, four, six, and nine of N.J.S.A. 2C:44-1(a) applied, as well as mitigating factors eight and nine under N.J.S.A. 2C:44-1(b). Defendant challenges in particular the trial court's findings ... reject, in particular, defendant's claim that aggravating factor four, N.J.S.A. 2C:44-1(a)(4), does not apply here. That aggravating factor applies ... position of trust or confidence' to commit the offense. See N.J.S.A. 2C:44-1(a)(4). Defendant's brief argues that there was ...

docket:	a2977-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-13
status:	Unpublished
citation:
Document Size:	33927

689 STATE OF NEW JERSEY v. SAEED COUSAR, -- rank: 621

... court applied aggravating factors three, six, nine, eleven, and twelve. N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); - A ... older, or disabled). The court applied only mitigating factor six. N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victim for the damage ...

docket:	a2214-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	56281

690 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 621

... the criteria for withholding or imposing imprisonment or fines under N.J.S.A. 2C:44- 1 to 2C:44-3; the factual basis supporting a finding ...

docket:	a4905-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Published
citation:
Document Size:	28229