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811 /usr/local/share/www/libweb/collections/courts/appellate/a2958-17.opn.html -- rank: 605

... 2C:43-7(a). The court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's record, and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ...

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812 STATE OF NEW JERSEY v. HUMPHREY COHEN -- rank: 605

... TO A SECOND AGGRAVATING AND MITIGATION FACTOR HEARING PURSUANT TO N.J.S.A. 2C:44- 1(a). II. Whether a sentence is illegal is an issue ... aggravating and mitigating factors sentence hearing was required pursuant to N.J.S.A. 2C:44- 1(a) because the jury rejected the death penalty. Defendant fails ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A.] 2C:44-1(a) and (b).' State v. Roth, 95 N.J. 334 ... aggravating and mitigating factors sentence hearing was not required, and N.J.S.A. 2C:44-1 does not support defendant's contention. Thus, the trial court ...

docket:	a0832-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-04
status:	Unpublished
citation:
Document Size:	35015

813 STATE OF NEW JERSEY v. ALLEN D. REED -- rank: 605

... deter defendant and others from violating the law) were applicable. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating ... deterring the defendant and others from violating the law') applied. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge noted that defendant 'has ...

docket:	a4067-17
court:	NJ Superior Court Appellate Division
decided:	2021-02-08
status:	Unpublished
citation:
Document Size:	39005

814 A-0STATE OF NEW JERSEY v. ABDUL HOLMAN July 24, 2015 -- rank: 605

... aggravating factors and rejected the application of mitigating factor three, N.J.S.A. 2C:44-1(b)(3) ("defendant acted under a strong provocation"). We review ... The trial judge applied aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3),(6), (9), and found no mitigating factors applicable ...

docket:	a0690-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	42619

815 STATE OF NEW JERSEY v. ANTONIO F. VARGAS -- rank: 605

... risk of committing another offense) and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(2), (3), (9). In applying aggravating factor two, the ... as defendant had no history of delinquency or criminal conduct, N.J.S.A. 2C:44-1(b)(7), although he had several significant motor vehicle violations ... incapable of exercising normal physical or mental power of resistance[.]" N.J.S.A. 2C:44-1(a)(2). Nevertheless, despite these errors, we conclude the factual ...

docket:	a3414-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	82242

816 STATE OF NEW JERSEY v. EMMANUEL HERNANDEZ -- rank: 605

... respect to aggravating factor nine, the need to deter,' see N.J.S.A. 2C:44-1(a)(9), and by not 'giv[ing] extreme weight' to ... four,' substantial grounds tending to excuse defendant's conduct. See N.J.S.A. 2C:44-1(b)(4). We review sentencing determinations with deference and will ... address both general and specific deterrence . . . .' Id. at 81 (citing N.J.S.A. 2C:44-1(a)(9)). As to aggravating factor nine, which the prosecutor ... s request to be sentenced one degree lower pursuant to N.J.S.A. 2C:44-1(f)(2), 'based on all of the foregoing, [he] [could ... imposing a sentence for a first or second-degree crime, N.J.S.A. 2C:44- 1(f)(2) permits the judge to sentence a defendant 'to ...

docket:	a3630-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	21229

817 STATE OF NEW JERSEY v. JOHN B. RIVERA -- rank: 605

... the judgment of conviction (JOC) to remove aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's criminal history), consistent ... three (risk of reoffending) and nine (general and specific deterrence), N.J.S.A. 2C:44-1(a)(3) and (9). For the first time on A ... second DWI violation), he was entitled to mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant 'will participate in a program of community ... defendant is 'particularly likely to respond affirmatively to probationary treatment'). N.J.S.A. 2C:44-1(b) (2), (7), (8), (9), and (10). Defendant did not ... solely to correct the JOC by removing aggravating factor six, N.J.S.A. 2C:44-1(a)(6). Jurisdiction is not retained. A-3223-20 32 ...

docket:	a3223-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	58234

818 /usr/local/share/www/libweb/collections/courts/appellate/a4289-19.opn.html -- rank: 605

... his child support obligations, supported application of mitigating factors eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct stemmed from circumstances unlikely to recur); and nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate defendant is ... appeal, defendant now contends the record supported mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or his dependents). The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will re-offend); six, N.J.S.A. 2C:44-1(a)(6) (extent and seriousness of defendant's prior record); and nine, N.J.S.A. 2C:44-1(a)(9) (general and specific deterrence), none of which ...

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court:	NJ Superior Court Law/Chancery Division
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819 STATE OF NEW JERSEY v. JUARY BRITO, -- rank: 605

... that aggravating factors three, the defendant was likely to reoffend, N.J.S.A. 2C:44- 1(a)(3), six, the extent of defendant's criminal history ... seriousness of the offenses to which he was pleading guilty, N.J.S.A. 2C:44-1(a)(6), and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), all applied. The judge weighed the aggravating factors ... justify defendant's conduct though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4). The judge addressed that factor in the context ...

docket:	a5305-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
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820 STATE OF NEW JERSEY v. JULIO F. RIVERA -- rank: 605

... abuse treatment for marijuana use. She found mitigating factor six, N.J.S.A. 2C:44-1(b)(6), that Rivera would pay restitution to Jibilian for ... no other mitigating factors. The judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant would commit another offense, and aggravating factor six, N.J.S.A. 2C:44-1(a)(6), but gave it lesser weight, because Rivera did ... history of prior convictions. She also found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter. The judge reiterated the ...

docket:	a3087-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	62386

821 STATE OF NEW JERSEY v. GILBERTO VILLANUEVA, -- rank: 605

... argues the trial court incorrectly applied aggravating factor two under N.J.S.A. 2C:44-1(a), resulting in an excessive sentence. He contends the medical ... exercising normal or physical 13 A-2754-15T2 resistance.' See N.J.S.A. 2C:44-1(a)(2). Defendant's arguments lack persuasion. 'The critical focus ... 394, 401 (1989) (internal quotation marks and citation omitted). Under N.J.S.A. 2C:44-1(a)(2), a court must consider [t]he gravity and ...

docket:	a2754-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
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Document Size:	31625

822 STATE OF NEW JERSEY v. VINCENT C. OGLESBY -- rank: 605

... likely to A-3280-17T2 3 respond to probationary treatment. N.J.S.A. 2C:44-1(a)(3), (6) and (9); N.J.S.A. 2C:44-1(b)(10). The trial court determined mitigating factor ten outweighed ... sentencing judge is clearly convinced that the aggravating factors of N.J.S.A. 2C:44-1(a) substantially outweigh the mitigating factors under N.J.S.A. 2C:44-1(b).' State v. Brown, 384 N.J. Super. 191, 194 ...

docket:	a3280-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-04
status:	Unpublished
citation:
Document Size:	25794

823 STATE OF NEW JERSEY v. JAHLI MILES -- rank: 605

... injury. At sentencing, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another crime); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of prior delinquency or ... attorney should have argued for findings on mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant has compensated or will compensate the victim of his offense); eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur); nine, N.J.S.A. 2C:44-1(b)(9) (character and attitude of defendant indicate that ...

docket:	a3815-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	25428

824 STATE OF NEW JERSEY v. JUAN A. ROSARIO -- rank: 605

... defendant's prior record, 9 and the need to deter. N.J.S.A. 2C:44-1(a)(1), (2), (3), (5), (6), and (9). The only ... imprisonment would pose a hardship to defendant's young children. N.J.S.A. 2C:44-1(b)(11). Other than the vulnerability of the victims, which ...

docket:	a5311-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	127517

825 STATE OF NEW JERSEY v. JOSE A. VEGA -- rank: 605

... defendant's prior record, 9 and the need to deter. N.J.S.A. 2C:44-1(a)(1), (2), (3), (5), (6), and (9). The only ... imprisonment would pose a hardship to defendant's young children. N.J.S.A. 2C:44-1(b)(11). Other than the vulnerability of the victims, which ...

docket:	a4673-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	127514