Search Rutgers Law Library N.J. Court Opinions

1021 STATE OF NEW JERSEY v. COREY ALLEN SENIOR -- rank: 579

... three aggravating factors: the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. Thereafter, a ... 16. In imposing the sentence, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) (the risk that the defendant will commit another offense), N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's prior criminal ... the offenses of which he has been previously convicted) and N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and ...

docket:	a2705-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-30
status:	unpublished
citation:
Document Size:	30784

1022 STATE OF NEW JERSEY v. RASHAD EXUM -- rank: 579

... s prior criminal record and the seriousness of [this] offense,' N.J.S.A. 2C:44-1(a)(6), causing an improper double-counting of 1 Brown ... factor three, 'the risk that [] defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and aggravating factor nine, 'the need for deterring [] defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9). The court did not apply mitigating factors and ...

docket:	a2241-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	19641

1023 STATE OF NEW JERSEY v. RYAN GRIGGS -- rank: 579

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), the extent of his prior criminal record and ... seriousness of the offenses for which he had been convicted, N.J.S.A. 2C:44-1(a)(6), the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), and his use or possession of a stolen vehicle while committing the crime or in flight thereafter, N.J.S.A. 2C:44-1(a)(13). 7 The judge found no mitigating factors. He ... court balances the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ...

docket:	a4590-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-29
status:	unpublished
citation:
Document Size:	32362

1024 STATE OF NEW JERSEY v. E.R. -- rank: 579

... In imposing the sentence, the judge found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) ("The nature and circumstances of the offense, and ... acts of sexual abuse and threatened M.H.; factor three, N.J.S.A. 2C:44-1(a)(3) (the risk that the defendant will commit another ... nature of the offenses and their duration; and factor nine, N.J.S.A. 2C:44-1(a)(9), (the need to deter defendant and others from ... from harming children. The judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), (defendant's lack of criminal record), as he ... extended period of time. The judge also applied factor eleven, N.J.S.A. 2C:44-1(b)(11) because defendant's dependents would suffer from the ...

docket:	a0167-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-12
status:	unpublished
citation:
Document Size:	36888

1025 STATE OF NEW JERSEY v. DEANGELO GONZALEZ -- rank: 579

... risk of re-offense), and nine (need to deter), see N.J.S.A. 2C:44-1(a) (2), (3), and (9), as well as mitigating factors ... unlikely to reoffend), and eleven (imprisonment would entail excessive hardship). N.J.S.A. 2C:44-1(b) (7), (9), (11). Defendant argues '[o]f the three ... incapable of exercising normal physical or mental power of resistance[.] [N.J.S.A. 2C:44-1(a)(2).] Aggravating factor two 'focuses on the setting of ... N.J. 594, A-2057-20 18 611 (2013) (citing N.J.S.A. 2C:44-1(a)(2)). Indeed, the Court has made clear that 'psychological ...

docket:	a2057-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-16
status:	Unpublished
citation:
Document Size:	36604

1026 STATE OF NEW JERSEY v. KEVIN M. RODRIGUEZ -- rank: 579

... the applicability of the recently enacted sentencing mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14). To evaluate defendant's appeal, we are guided ... reserved for adults.' He cites the new mitigating factor – N.J.S.A. 2C:44-1(b)(14) (requiring consideration of the fact the defendant was ... consecutive sentences, the court must consider defendant's argument that N.J.S.A. 2C:44-1(b)(14) applies. State v. Bellamy, 468 N.J. Super ... holding 'where, for a reason unrelated to the adoption of [N.J.S.A. 2C:44-1(b)(14)], a youthful defendant is resentenced, he or she ...

docket:	a1044-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-18
status:	Unpublished
citation:
Document Size:	18045

1027 STATE OF NEW JERSEY v. LOUIS VEIRA -- rank: 579

... aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, prior criminal record, N.J.S.A. 2C:44-1(a)(6); and nine, need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge found mitigating factor three, defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3). With respect to mitigating factor three, the judge ...

docket:	a2898-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-14
status:	Unpublished
citation:
Document Size:	21356

1028 STATE OF NEW JERSEY v. JOHN V. LOMBARDO, Jr -- rank: 579

... its finding of the relevant aggravating and mitigating factors in N.J.S.A. 2C:44-1. See State v. Tindell , 417 N.J. Super. 530 , 567 ... it was error for the trial court to find that N.J.S.A. 2C:44-1(a)(3) and (6) applied and to conclude that additional mitigating factors beyond N.J.S.A. 2C:44-1(b)(11), namely N.J.S.A. 2C:44-1(b)(2) and (7), were not present. The record amply ...

docket:	a2046-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-29
status:	unpublished
citation:
Document Size:	50623

1029 STATE OF NEW JERSEY v. ANTIONE D. STEVENS -- rank: 579

... 215. In sentencing defendant, the court found three aggravating factors, 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 offenses), and N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others), and no mitigating factors under N.J.S.A. 2C:44-1(b). Defendant has not identified any aggravating factor that was ... a fact is included among the aggravating factors identified in N.J.S.A. 2C:44-1(a), it may not be considered as an aggravating factor ...

docket:	a4180-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-11
status:	unpublished
citation:
Document Size:	36301

1030 STATE OF NEW JERSEY v. REINALDO GONZALEZ -- rank: 579

... but argues the court too heavily weighted aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime, and aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of his prior criminal record, because ...

docket:	a2103-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-23
status:	unpublished
citation:
Document Size:	41156

1031 STATE OF NEW JERSEY v. RAKEEM JOHNSON -- rank: 579

... 18 7 manslaughter conviction. 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 ... court must examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Each factor found by the court must ... not, standing alone, mandate a finding that mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a0187-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-01
status:	Unpublished
citation:
Document Size:	31939

1032 STATE OF NEW JERSEY v. JOSEPH M. EIZAGUIRRE -- rank: 579

... engage in this type of conduct again in the future. N.J.S.A. 2C:44-1(a)(3). She added as to the need to deter ... t have an accident, inflict -- hit a pedestrian and leave.' N.J.S.A. 2C:44-1(a)(9). The judge declined to find mitigating factor four, N.J.S.A. 2C:44-1(b)(4), because she considered the expert report regarding defendant ... the victim's family, the judge found mitigating factor six, N.J.S.A. 2C:44-1(b)(6); however, she accorded that factor slight weight. She also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), as defendant had no prior criminal history. Additionally ... would be losing the benefit of her father's companionship. N.J.S.A. 2C:44-1(b)(11). She concluded the aggravating factors substantially outweighed ...

docket:	a0401-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	19012

1033 STATE OF NEW JERSEY v. HERMAN PROCTOR -- rank: 579

... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... the aggravating factors and imposed a two-year probationary sentence. N.J.S.A. 2C:44-1(e). This sentence is not manifestly excessive. A ffirmed. 1 ...

docket:	a0175-09
court:	superior court appellate division
decided:	2011-01-11
status:	unpublished
citation:
Document Size:	38640

1034 STATE OF NEW JERSEY v. CHARLES L. PURYEAR, -- rank: 579

... no mitigating factors. 115 N.J. at 562-63. 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)(6) ('[t]he A-2823-19 14 extent of ... the offenses of which the defendant has been convicted'); and N.J.S.A. 2C:44- 1(a)(9) ('[t]he need for deterring the defendant and ... Roach. 146 N.J. at 233-34. Affirmed. 9 See N.J.S.A. 2C:44-1(b)(3) ('[t]he defendant acted under a strong provocation ...

docket:	a2823-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-20
status:	Unpublished
citation:
Document Size:	32758

1035 STATE OF NEW JERSEY v. LUCIUS SMITH -- rank: 579

... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... for a more explicit statement of why aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (referring to the need for deterrence), applies. The ...

docket:	a1176-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-10
status:	unpublished
citation:
Document Size:	44413