Search Rutgers Law Library N.J. Court Opinions

886 STATE OF NEW JERSEY v. TELIK K. PITTMAN -- rank: 596

... three, the risk defendant would continue to violate the law, N.J.S.A. 2C:44-1(a)(3), based on defendant's 'extensive criminal history,' and ... seriousness of the offense for which he was being sentenced, N.J.S.A. 2C:44-1(a)(6), based on defendant's prior criminal history and ... and others from violating the law, A-4600-16T1 4 N.J.S.A. 2C:44-1(a)(9), based on '[d]efendant's significant criminal history ... case.' The court did not find any mitigating factors, see N.J.S.A. 2C:44-1(b)(1) to (13), and determined there was a preponderance ...

docket:	a4600-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-21
status:	Unpublished
citation:
Document Size:	21431

887 /usr/local/share/www/libweb/collections/courts/appellate/a1675-18.opn.html -- rank: 596

... factors. He found aggravating factors three, six and nine. See N.J.S.A. 2C:44- 1(a)(3) (the risk of re-offense); (a)(6) (the ... not compensate for the emotional damage to the 5 See N.J.S.A. 2C:44-1(b)(1)(conduct neither caused nor threatened serious harm); (b ...

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888 State v. Kassey Benjamin -- rank: 596

... if the trial court finds that the mitigating factors of N.J.S.A. 2C:44-1(b) outweigh the aggravating factors listed in subsection (a) of ... offender,” such as applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1 and the likelihood of the defendant’s conviction at trial ...

docket:	a_43_15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	73759

889 STATE OF NEW JERSEY v. SHAWN JACKSON -- rank: 596

... 210 N.J. 330 (2012), APPLY THE YOUTH MITIGATING FACTOR, N.J.S.A. 2C:44-1(b)(14), AND RECONSIDER THE CONSECUTIVE SENTENCE IN ACCORDANCE WITH ... Age At the Time of the Commission of the Offense,' N.J.S.A. 2C:44-1(b)(14). See State v. Bellamy, 468 N.J. Super ... on this remand, the court must consider mitigating factor fourteen. N.J.S.A. 2C:44-1(b)(14). Mitigating factor fourteen became effective on October 19 ... old at the time of the commission of the offenses. N.J.S.A. 2C:44-1(b)(14). Our Supreme Court has explained that mitigating factor ...

docket:	a1687-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-23
status:	Unpublished
citation:
Document Size:	26143

890 /usr/local/share/www/libweb/collections/courts/appellate/a0213-18.opn.html -- rank: 596

... and in weighing the factors it found: aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of reoffense), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter), substantially outweighed mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior juvenile or criminal history). The ... facts supporting its determination of the aggravating and mitigating factors. N.J.S.A. 2C:44-1(a)(3) provides that a trial court must consider '[t ...

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891 STATE OF NEW JERSEY v. ANTHONY HUTCHERSON -- rank: 596

... sufficient to overcome the presumption against imprisonment." Ibid. ; see also N.J.S.A. 2C:44-1(d). Nothing in Gardner prevents a trial judge who, as ...

docket:	a4364-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-09
status:	Published
citation:
Document Size:	66969

892 STATE OF NEW JERSEY v. ANTHONY K. COLE -- rank: 596

... sentence. First, he contends the court misapplied aggravating factors two, N.J.S.A. 2C:44-1(a)(2), and three, N.J.S.A. 2C:44-1(a)(3). Second, he argues the court did not have ... the sentence was excessive. We address each argument in turn. N.J.S.A. 2C:44-1(a)(2) sets forth the second aggravating factor: 7 A ... applied, the risk the defendant will commit another offense. See N.J.S.A. 2C:44-1(a)(3). The court based its finding on the fact ... finding aggravating factor two, the court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1)(the nature and circumstances of the offense, including ... in an especially heinous, cruel, or depraved manner), and nine, N.J.S.A. 2C:44-1(a)(9)(the need to deter). The court found ...

docket:	a3390-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	21506

893 STATE OF NEW JERSEY v. JOSEPH LAZOS -- rank: 596

... aggravating factors three (risk that defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3), six (extent of defendant's prior criminal record ... seriousness of the offenses of which he has been convicted), N.J.S.A. 2C:44-1(a)(6), and nine (need for deterring defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9). The court rejected mitigating factors one (defendant's conduct neither caused nor threatened serious harm), N.J.S.A. 2C:44-1(b)(1), two (defendant did not contemplate his conduct would cause or threaten serious harm), N.J.S.A. 2C:44-1(b)(2), and eleven (imprisonment of defendant would entail excessive hardship to himself or his dependents), N.J.S.A. 2C:44-1(b)(11). Accordingly, the judge found the aggravating factors ...

docket:	a0595-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-21
status:	unpublished
citation:
Document Size:	29150

894 STATE OF NEW JERSEY v. HARRY L. CAVER -- rank: 596

... mitigating factors applied, but identified the following 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) (the extent of defendant's prior criminal history and seriousness of the offense); eight, N.J.S.A. 2C:44-1(a)(8) (that defendant committed the offense against a police ... officer in the performance of his duties) 9 ; and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others from ...

docket:	a2852-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	unpublished
citation:
Document Size:	47948

895 STATE OF NEW JERSEY v. CALVIN W. GARNETT -- rank: 596

... we disagree. Here, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court additionally found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment will entail excessive hardship to defendant or ... should have found additional mitigating factors, specifically mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior criminal record and has ... period of time before commission of the present offense); eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur); and nine, N.J.S.A. 2C:44-1(b)(9) (character and attitude of defendant indicate that ...

docket:	a2933-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-30
status:	unpublished
citation:
Document Size:	28195

896 STATE OF NEW JERSEY v. LLOYD R. WOODSON -- rank: 596

... 643-44 (1985), cert. denied , 475 U.S. 1014 (1986); N.J.S.A. 2C:44-1. The State submits that, since the defense never requested a ... factors three, six, and nine and found no mitigating factor. N.J.S.A. 2C:44-1(a)(1), -1(a)(3), -1(a)(9). The judge ...

docket:	a1512-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-19
status:	unpublished
citation:
Document Size:	29637

897 STATE OF NEW JERSEY v. LAVAR REYNOLDS -- rank: 594

... plea recommendation despite finding the following mitigating factors: factor seven, N.J.S.A. 2C:44-1(b)(7), defendant 'led a lifetime . . . crime free[,];' factor ten, N.J.S.A. 2C:44-1(b)(10), defendant would 'make a good probationer[;]' and one ... analyzing the aggravating factors, the judge found only factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter 'defendant and others from ...

docket:	a5551-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Unpublished
citation:
Document Size:	31962

898 /usr/local/share/www/libweb/collections/courts/supreme/a1125-14.opn.html -- rank: 594

... year sentence, relying on aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1), (3) and (9). Defendant's counsel requested a ... specific mitigating factors. The trial judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ("[t]he need for deterring the defendant and ... As for mitigating factors, the judge applied mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant "will compensate the victim of his conduct for the damage"); seven, N.J.S.A. 2C:44-1(b)(7) (defendant has "led a law-abiding life for a substantial period of time"); eight, N.J.S.A. 2C:44-1(b)(8) ("[t]he defendant's conduct was the result of circumstances unlikely to recur"); and nine, N.J.S.A. 2C:44-1(b)(9) ("[t]he character and attitude of the ...

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899 STATE OF NEW JERSEY v. COREY D. HILL -- rank: 594

... CDS arguing that the judge failed to consider mitigating factors N.J.S.A. 2C:44-1(b)(4)(substantial grounds tending to excuse or justify the ... Id. at 612. The judge found applicable aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... mitigating factors, the judge found no mitigating factors applicable under N.J.S.A. 2C:44-1(b). The judge rejected application of mitigating factor four, finding ...

docket:	a1152-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	unpublished
citation:
Document Size:	19640

900 STATE OF NEW JERSEY v. PAUL WOZNICA -- rank: 594

... Failed To Ask The Court To Find Statutory Mitigating Factor, N.J.S.A. 2C:44-1(b)(12). D. Defense Counsel Failed To File A Direct ... for failing to seek mitigating factor twelve is unavailing. 1 N.J.S.A. 2C:44-1(b)(12) provides a court may consider "[t]he willingness ...

docket:	a2855-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-28
status:	unpublished
citation:
Document Size:	44830