Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 1000

... was subject to the presumption of imprisonment set forth in N.J.S.A. 2C:44-1(d) or previously was sentenced to state prison. Defendants argue ... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, 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 nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9). The court found that mitigating factor ten, that ... defendant is particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10), did not apply. A-2256-19 8 The ... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3); six, the extent of the defendant's ...

docket:	a2256-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-18
status:	Published
citation:
Document Size:	157525

2 State v. Kevin Jerome Hudson -- rank: 993

... record), and nine (need to deter defendant and others), see N.J.S.A. 2C:44-1(a), and no statutory mitigating factors, and further determined that the aggravating factors outweighed mitigating factors, see N.J.S.A. 2C:44-1(b). The court found that the instant offenses and the ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

3 State v. John J. Lawless, Jr. -- rank: 973

... is whether a sentencing court, identifying relevant aggravating factors under N.J.S.A. 2C:44-1(a), may consider the harm suffered by individuals who were ... that the court find several aggravating factors, including factor two, N.J.S.A. 2C:44-1(a)(2) (“gravity and seriousness of harm inflicted on ... did not ask the court to find aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (“nature and circumstances of the offense, and ... found aggravating factor two because the term “victim” in N.J.S.A. 2C:44-1(a)(2) means only Fredrick Shelton, not his wife and ... offense, aggravated manslaughter, the sole “victim” for purposes of N.J.S.A. 2C:44-1(a)(2) was the deceased driver, and the harm inflicted ... of the “nature and circumstances of the offense.” N.J.S.A. 2C:44-1(a)(1). Thus, the court may consider aggravating factor ...

docket:	A-89-11
court:	NJ Supreme Court
decided:	2013-07-22
status:
citation:
Document Size:	82974

4 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 925

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

5 /usr/local/share/www/libweb/collections/courts/appellate/a-17-21.opn.html -- rank: 918

... J., writing for the Court. In 2020, the Legislature amended N.J.S.A. 2C:44-1 to add a new mitigating factor fourteen: “[t]he ... at the time of the commission of the offense.” N.J.S.A. 2C:44-1(b)(14). It provided that “[t]his new act ... but before oral argument on that appeal, the Legislature amended N.J.S.A. 2C:44-1(b) to include mitigating factor fourteen. The Appellate Division affirmed ... 248 N.J. 534 (2021). 1 HELD: The Court construes N.J.S.A. 2C:44-1(b)(14) to be prospective, finding in the statutory language ... prior to the provision’s effective date. The Court views N.J.S.A. 2C:44-1(b)(14)’s legislative history to confirm the Legislature� ... the new law’s effective date. The Legislature expressly based N.J.S.A. 2C:44-1(b)(14) on the CSDC’s fifth recommendation, and ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51048

6 /usr/local/share/www/libweb/collections/courts/supreme/a-17-21.opn.html -- rank: 918

... J., writing for the Court. In 2020, the Legislature amended N.J.S.A. 2C:44-1 to add a new mitigating factor fourteen: “[t]he ... at the time of the commission of the offense.” N.J.S.A. 2C:44-1(b)(14). It provided that “[t]his new act ... but before oral argument on that appeal, the Legislature amended N.J.S.A. 2C:44-1(b) to include mitigating factor fourteen. The Appellate Division affirmed ... 248 N.J. 534 (2021). 1 HELD: The Court construes N.J.S.A. 2C:44-1(b)(14) to be prospective, finding in the statutory language ... prior to the provision’s effective date. The Court views N.J.S.A. 2C:44-1(b)(14)’s legislative history to confirm the Legislature� ... the new law’s effective date. The Legislature expressly based N.J.S.A. 2C:44-1(b)(14) on the CSDC’s fifth recommendation, and ...

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court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	50941

7 State v. Nance/Bolton/Williams -- rank: 903

... or designee) must consider the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) when he or she chooses between the probationary and ... Division: the role of the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) in the sentencing determination under section 6.2 for a first-degree or second-degree Graves Act offender. N.J.S.A. 2C:44-1(d) provides a “serious injustice” exception to the presumption ... 17-18) 5. The Court construes section 6.2 and N.J.S.A. 2C:44-1(d) so as to harmonize the two components of the ... constitutes a “sentence of imprisonment” within the meaning of N.J.S.A. 2C:44-1(d), an assignment judge or designee may comply with section 6.2 and N.J.S.A. 2C:44-1(d) at once. When the defendant has been convicted ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

8 STATE OF NEW JERSEY v. SUSAN HYLAND -- rank: 900

... defendant's Drug Court sentence is illegal. It also asserts N.J.S.A. 2C:44-1(f)(2) expressly authorizes its appeal of defendant's non ... sentence). B. We next address the State's claim that N.J.S.A. 2C:44- 1(f)(2) expressly authorizes its appeal of defendant's non ... right to appeal a sentence unless expressly authorized by statute). N.J.S.A. 2C:44-1(f)(2) provides that 'if the court imposes a non ... prosecution.' See Roth, supra, 95 N.J. at 360 (finding N.J.S.A. 2C:44-1(f)(2) authorizes the State's appeal of non-custodial sentences on first or second-degree convictions). In interpreting N.J.S.A. 2C:44-1(f)(2), our 'overriding goal must be to determine the ... J. 210, 224 (2008)). Applying these principles, we first consider N.J.S.A. 2C:44-1(f)(2) within the context of the other provisions ...

docket:	a2530-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-21
status:	published
citation:	452 N.J.Super. 372 174 A.3d 538
Document Size:	79954

9 State of New Jersey v. James Grate -- rank: 894

... substantial likelihood that defendants were involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5), three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), applied to both defendants; that aggravating factor six, the extent of the defendant’s prior criminal record, N.J.S.A. 2C:44-1(a)(6), applied solely to Cromwell; and that no mitigating ... substantial likelihood that defendants were involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5), applied to both defendants. The court also found ... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterrence, N. ...

docket:	A-47-13
court:	NJ Supreme Court
decided:	2015-01-15
status:
citation:	220 N.J. 317 106 A.3d 466
Document Size:	95379

10 /usr/local/share/www/libweb/collections/courts/appellate/a2610-17.opn.html -- rank: 872

... at sentencing. The court found two aggravating factors: (1) Two, N.J.S.A. 2C:44-1(a)(2) ('The gravity and seriousness of harm inflicted on ... gave slight weight; and A-2610-17 7 (2) Nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... case of this type . . . .' The court rejected aggravating factor Three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another ... domestic violence. The court found nine mitigating factors: (a) Two, N.J.S.A. 2C:44-1(b)(2) ('The defendant did not contemplate that [her] conduct ... harm . . . .'), to which the court gave slight weight; (b) Four, N.J.S.A. 2C:44-1(b)(4) ('There were substantial grounds tending to excuse or ... to her descent into alcoholism and severe depression[;]' (c) Six, N.J.S.A. 2C:44-1(b)(6) ('The defendant has compensated or will compensate ...

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Document Size:	69066

11 State v. David T. Pomianek, Jr. -- rank: 867

... discretion to impose a sentence one degree lower pursuant to N.J.S.A. 2C:44-1(f)(2). 5 The Appellate Division did not address defendant� ...

docket:	A-32-13
court:	NJ Supreme Court
decided:	2015-03-17
status:
citation:	221 N.J. 66 110 A.3d 841
Document Size:	107351

12 State of New Jersey v. David Loftin -- rank: 865

... of imprisonment is guided by statutory aggravating and mitigating factors. N.J.S.A. 2C:44-1. Those factors, however, are different from the aggravating and mitigating ...

docket:	a-86-96
court:	njsupreme
decided:	1999-02-01
status:
citation:	157 N.J. 253
Document Size:	484984

13 State v. Carlos Bolvito -- rank: 861

... 2011. The sentencing court found four aggravating factors enumerated in N.J.S.A. 2C:44-1(a): (1) the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); (2) the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); (3) the extent of defendant’s prior criminal record, N.J.S.A. 2C:44-1(a)(6); and (4) the need for deterrence, N.J.S.A. 2C:44-1(a)(9). It found that none of the mitigating factors set forth in N.J.S.A. 2C:44-1(b) applied to defendant. The court sentenced defendant to ...

docket:	A-44-12
court:	NJ Supreme Court
decided:	2014-03-31
status:
citation:	217 N.J. 221 86 A.3d 131
Document Size:	79772

14 /usr/local/share/www/libweb/collections/courts/appellate/a3472-17.opn.html -- rank: 852

... CRIMINAL HISTORY WHEN ASSESSING AGGRAVATING AND MITIGATING FACTORS PURSUANT TO [ N.J.S.A.] 2C:44- 1(a) [AND] (b) BY DOUBLE COUNTING INDIVIDUAL COUNTS OF THE ... CONTEMPLATE THAT HIS CONDUCT WOULD CAUSE OR THREATEN SERIOUS HARM [ N.J.S.A.] 2C:44-1(b)(2) (C) THE VICTIM OF DEFENDANT'S CONDUCT INDUCED OR FACILITATED ITS COMMISSION [ N.J.S.A.] 2C:44- 1(b)(5) (D) DEFENDANT HAS NO CRIMINAL HISTORY OR MINIMUM HISTORY OF CRIMINAL ACTIVITY [N.J.S.A.] 2C:44-1(b)(7) (E) DEFENDANT'S CONDUCT WAS THE RESULT OF CIRCUMSTANCES UNLIKELY A-3472-17T2 12 TO REOCCUR [ N.J.S.A.] 2C:44- 1(b)(8) (F) RISK DEFENDANT WILL COMMIT ANOTHER OFFENSE [ N.J.S.A.] 2C:44-1(A)(3) POINT VI: THE SENTENCING COURT FAILED TO ...

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15 State v. Buddy Randolph -- rank: 848

... defendant will reoffend and need to deter defendant and others, N.J.S.A. 2C:44-1(a)(3) & (9)); and that those factors supported imposing a ... the analysis of aggravating and mitigating factors set forth in N.J.S.A 2C:44-1, some of which relate to the crime, and some of ... unlikely to recur and the character and attitude of defendant. N.J.S.A. 2C:44-1(b). As at sentencing, a defendant in a resentencing is ... found that aggravating factors three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), applied, and that no mitigating factors were present ... again found the presence of aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9). The court also reviewed the ...

docket:	A-87-10
court:	NJ Supreme Court
decided:	2012-06-18
status:
citation:	210 N.J. 330 44 A.3d 1113
Document Size:	170279