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931 STATE OF NEW JERSEY v. ANDRE MELLS -- rank: 592

... 2C:43-7.2, will exceed his life expectancy. See N.J.S.A. 2C:44-1(c)(2); State v. Ramsey , 415 N.J. Super. 257 ... made detailed findings concerning the aggravating and mitigating factors under N.J.S.A. 2C:44-1 that are supported by credible evidence in the record. 11 ... 11 The court did not find any mitigating factors under N.J.S.A. 2C:44-1(b). This archive is a service of Rutgers School of ...

docket:	a1035-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	66602

932 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 590

Original WP 5.1 Version (NOTE: This decision was approved by the court for publication.) This case can also be found at 301 N.J. Super. 363. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION                             SUPERIOR COURT OF NEW JERSEY                             APPELLATE DIVISION                             A-4373-92T1                             A-4374-92T1                             A ...

docket:	a4374-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

933 STATE OF NEW JERSEY v. ALEXANDER J. CICCOLELLO, SR -- rank: 590

... the defendant's conduct, though failing to establish a defense'). N.J.S.A. 2C:44-1(b)(4). He contends the judge should have applied that ...

docket:	a3931-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-11
status:	Unpublished
citation:
Document Size:	87517

934 STATE OF NEW JERSEY v. JOHN RAY WILSON -- rank: 590

... which overrides the need to deter such conduct by others." N.J.S.A. 2C:44-1(d). As a result, the Criminal Code leaves "a residuum ... factors (serious harm not contemplated, and conduct unlikely to recur), N.J.S.A. 2C:44-1(a) and (b), and it determined that the mitigating factors ... for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9), is not supported by the record. At sentencing ... notably, defendant submits that his imprisonment "would entail excessive hardship." N.J.S.A. 2C:44-1(b)(11). The trial court rejected this factor, however, reasoning ... sentenced as a third-degree offender for count two. See N.J.S.A. 2C:44-1(f)(2). Consequently, we will only consider whether defendant overcame ...

docket:	a3826-09
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-26
status:	published
citation:	421 N.J. Super. 301 23 A.3d 489
Document Size:	39767

935 STATE OF NEW JERSEY v. ANTHONY J. PASQUALINI -- rank: 590

... a trial court must identify the relevant aggravating factors of N.J.S.A. 2C:44-1(a) and the relevant mitigating factors of N.J.S.A. 2C:44-1(b), "determine which factors are supported by a preponderance of ...

docket:	a5807-08
court:	superior court appellate division
decided:	2010-12-28
status:	unpublished
citation:
Document Size:	53576

936 In the Matter of Louis M.J. DiLeo -- rank: 590

... eligibility for release on parole when sentencing as required by N.J.S.A. 2C:44 1(c)(2). The court further noted that Judge DiLeo imposed ...

docket:	D-66-12
court:	NJ Supreme Court
decided:	2014-01-27
status:
citation:	216 N.J. 449 83 A.3d 11
Document Size:	114866

937 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 590

Original WP 5.1 Version (NOTE: This decision was approved by the court for publication.) This case can also be found at 301 N.J. Super. 363. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION                             SUPERIOR COURT OF NEW JERSEY                             APPELLATE DIVISION                             A-4373-92T1                             A-4374-92T1                             A ...

docket:	a4887-92
court:	njappellate
decided:	1997-05-20
status:	published
citation:	301 N.J.Super. 363
Document Size:	244706

938 APPROVED FOR PUBLICATION APPELLATE DIVISION v. REGINALD ANTHONY January 19, 2016 -- rank: 590

... on the "violence . . . perpetrated," the judge found aggravating factor one. N.J.S.A. 2C:44-1(a)(1) ("the nature and circumstances of the offense"). 8 ... that the victim of the offense was particularly vulnerable." See N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness of harm inflicted ... recidivism, the judge found aggravating factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (extent ... the victim's age, the judge found aggravating factor twelve. N.J.S.A. 2C:44-1(a)(12) (offense committed against a person sixty years of ... at the time of the crime." Id. at 611 (citing N.J.S.A. 2C:44-1(a)(2)). Defendant was acquitted of all substantive offenses. The ...

docket:	a2658-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-19
status:	published
citation:	443 N.J.Super. 553 129 A.3d 1085
Document Size:	66864

939 James Flagg v. Essex County Prosecutor -- rank: 590

... of incarceration. Furthermore, if the aggravating and mitigating factors in N.J.S.A . 2C:44-1 were applicable, one would not find a single aggravating factor ...

docket:	a-85-00
court:	njsupreme
decided:	2002-02-11
status:
citation:	171 N.J. 561
Document Size:	50384

940 STATE OF NEW JERSEY v. WILLIAM K. BREINER -- rank: 590

... court found aggravating factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3), based on defendant's longstanding history of alcohol ... court also found aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), stating that the need was specific to defendant ... factor seven, defendant's lack of a prior criminal history, N.J.S.A. 2C:44 1(b)(7), as well as six, that defendant intended to compensate the victim, N.J.S.A. 2C:44-1(b)(6), although he placed scant weight on that factor ... a likelihood that defendant would respond affirmatively to probationary treatment, N.J.S.A. 2C:44 1(b)(10), although the aggravated assault conviction mandated a term ...

docket:	a2411-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	49182

941 STATE OF NEW JERSEY v. MICHAEL CAWLEY -- rank: 590

... need for deterrence). The court found only one mitigating factor, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity ...

docket:	a0382-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	53718

942 STATE OF NEW JERSEY v. JOHN BRINSON -- rank: 590

... court made no findings as to aggravating factor number nine, N.J.S.A. 2C:44-1(a)(9) ("[t]he need for deterring the defendant and ... v. Michaels , 136 N.J. 299 , 317-19 (1994). 9 N.J.S.A. 2C:44-1(b)(8) ("The defendant's conduct was the result of ...

docket:	a3611-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-11
status:	unpublished
citation:
Document Size:	59614

943 STATE OF NEW JERSEY v. THOMAS PAOLINO -- rank: 590

... be dismissed. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) ('[t]he risk that the defendant will commit another offense . . . .'), six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... the offenses of which he has been convicted . . . .'), and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... substantially influenced by another person more mature than the defendant,' N.J.S.A. 2C:44-1(b)(13), which is not applicable here. The court concluded ...

docket:	a1376-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-05
status:	Unpublished
citation:
Document Size:	25632

944 /usr/local/share/www/libweb/collections/courts/appellate/a5820-17.opn.html -- rank: 590

... most weight' to aggravating factor nine (general and specific deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9). Finding no mitigating factors, N.J.S.A. 2C:44-1(b), the court was 'clearly convinced that the aggravating factors ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within the ... lack of remorse' supported a finding of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), and 'indicate[d] that a prison sentence [wa ...

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945 /usr/local/share/www/libweb/collections/courts/appellate/a3815-19.opn.html -- rank: 590

... re-sentencing that aggravating factor six did not apply. See N.J.S.A. 2C:44- 1(a)(6) ('The extent of the defendant's prior criminal ... two 'as to the [a]ttempted [m]urder charge,' see N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... factors three and nine as to all the charges. See 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)(9) ('[t]he need for deterring the defendant and ...

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