Search Rutgers Law Library N.J. Court Opinions

106 STATE OF NEW JERSEY v. LEMAR S. LESTER -- rank: 731

... exercised her discretion by downgrading defendant's offenses pursuant to N.J.S.A. 2C:44-1(f)(2), and sentencing defendant as a second-degree rather ... court sentence him as a second-degree offender, pursuant to N.J.S.A. 2C:44-1(f)(2). In his brief, defendant asserted that the police ... sentenced defendant. The judge first addressed the aggravating factors under N.J.S.A. 2C:44-1(a). The judge found that aggravating factor three applied. N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense). The ... robbery. The judge also found that aggravating factor nine applied. N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... The judge found that aggravating factor six did not apply. N.J.S.A. 2C:44- 1(a)(6) (extent of the defendant's prior criminal ...

docket:	a2365-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-03
status:	Unpublished
citation:
Document Size:	28315

107 STATE OF NEW JERSEY v. ELISE N. MUNAFO -- rank: 731

... 4(b). Second, the judge found mitigating factor eight applied, N.J.S.A. 2C:44-1(b)(8) (providing "the defendant's conduct was the result ... sufficient factual findings to overcome a presumption of non-imprisonment, N.J.S.A. 2C:44-1(e). She insists her lack of prior criminal record and ... his imprisonment is necessary for the protection of the public . . . ." [ N.J.S.A. 2C:44-1(e).] Contrary to defendant's suggestion, there is no automatic ... factors when sentencing defendant on count two. As required by N.J.S.A. 2C:44-1(d), the judge did not find evidence a serious injustice ... factor one determining defendant's actions were "depraved and cruel." N.J.S.A. 2C:44-1(a)(1). She emphasized that Ortiz's physical fitness was ... factor three finding defendant was likely to commit another offense, N.J.S.A. 2C:44-1(a)(3), and that the need for deterrence was ...

docket:	a4249-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-25
status:	unpublished
citation:
Document Size:	47388

108 /usr/local/share/www/libweb/collections/courts/appellate/a2640-17.opn.html -- rank: 731

... following aggravating factors: the risk Ingram would commit another offense, N.J.S.A. 2C:44-1(a)(3), his prior record, N.J.S.A. 2C:44-1(a)(6), and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors, and weighed ... the sentence was excessive. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk Bailey would reoffend; breach of the public trust, aggravating factor four, N.J.S.A. 2C:44- 1(a)(4); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court explained his finding of aggravating ...

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109 STATE OF NEW JERSEY v. R.B -- rank: 731

... He contends the court incorrectly found certain aggravating factors under N.J.S.A. 2C:44-1(a), and his sentence is otherwise impermissibly excessive. 'Appellate review ... court found aggravating factors one, two, three, six and nine. N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). The court did not find any mitigating factors. See N.J.S.A. 2C:44-1(b). Defendant argues the court erred by finding aggravating factors one and two. We disagree. Aggravating factor one, N.J.S.A. 2C:44-1(a)(1), requires that the court consider '[t]he nature ... also challenges the court's finding of aggravating factor two, N.J.S.A. 2C:44-1(a)(2), '[t]he gravity and seriousness of harm inflicted ... support the court's finding of aggravating factor two. See N.J.S.A. 2C:44-1(a)(2); Kromphold, 162 N.J. at 358. Defendant ...

docket:	a0736-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-10
status:	unpublished
citation:
Document Size:	105438

110 State v. Traci E. Stanton -- rank: 731

... to the guidelines set forth in our Criminal Code. Under N.J.S.A. 2C:44-1, a trial court that considers aggravating and mitigating circumstances at ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

111 of New Jersey v. Derrick Wayne Rose -- rank: 729

... 3, 6, and 9 outweighed the nonexistent mitigating factors. See N.J.S.A. 2C:44-1(a), -1(b). The defendant was awarded one day of ... not revoked, notwithstanding negotiations to dispose of all charges. 21 N.J.S.A. 2C:44-1(c)(2) expressly requires the sentencing judge to “consider ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

112 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 729

... especially heinous, cruel, or A-5620-18 4 depraved manner), N.J.S.A. 2C:44-1(a)(1); three (risk defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3); nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9); and mitigating factor seven (defendant has no history of prior delinquency or criminal activity), N.J.S.A. 2C:44-1(b)(7). Defendant was sentenced in accordance with the plea ... State v. Roth, 95 N.J. 334, 363-64 (1984); N.J.S.A. 2C:44-1(a)). Thus, a sentencing court may not consider the defendant ... justify defendant's conduct, though failing to establish a defense), N.J.S.A. 2C:44-1(b)(4). We disagree. First, defendant admittedly feigned his ...

docket:	a5620-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-07
status:	Unpublished
citation:
Document Size:	53236

113 STATE OF NEW JERSEY v. JAHMAD GREEN -- rank: 729

... trial judge applied aggravating factors one, three, six and nine, N.J.S.A. 2C:44-1(a)(1), (3), (6) and (9), to all counts, and applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2), separately, to the aggravated assault charge. The court ... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), noting the shots were fired at a moving ... A-5491-16T1 29 of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2), due to the severity of the injury she ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44- 1(a)(3), recognizing defendant had accumulated a criminal record consisting ... s prior criminal record and the seriousness of the offenses, ' N.J.S.A. 2C:44-1(a)(6), noting defendant had previous convictions of aggravated ...

docket:	a5491-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	66502

114 State v. Cynthia Rivera -- rank: 729

... aggravating factors -- the risk the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and the need for deterrence, id. at (a ... at the time of the commission of the offense.” N.J.S.A. 2C:44-1(b)(14). The weight to be given to that factor ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44- 1(a) and (b) and explain the evidential basis for each ... the Legislature added youth as a statutory mitigating factor. See N.J.S.A 2C:44-1(b)(14). (pp. 18-19) 4. To support a finding ... factors -- the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and the need for deterrence, id. at (a ... State’s investigation. The State further conceded mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (the defendant’s character and attitude “ ...

docket:	a-7-20
court:	NJ Supreme Court
decided:	2021-12-29
status:
citation:
Document Size:	46348

115 STATE OF NEW JERSEY v. AHMAD J. MUHAMMAD -- rank: 729

... criminal record in both New Jersey and New York. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of . . . defendant's prior criminal ... of the offenses of which he has been convicted'); and N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring . . . defendant and others ... the defendant’s conduct, though failing to establish a defense'); N.J.S.A. 2C:44- 1(b)(9) ('[t]he character and attitude of the defendant ... that the defendant is unlikely to commit another offense'); and N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a3856-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-11
status:	Unpublished
citation:
Document Size:	103268

116 STATE OF NEW JERSEY v. ANTOINE STEVENS -- rank: 726

... 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 trial judge appropriately applied the aggravating factors identified at N.J.S.A. 2C:44-1(a)(3) (the risk defendant would commit another offense); N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record); and N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others from ... trial court should have applied the mitigating factor identified at N.J.S.A. 2C:44-1(b)(11), i.e., that "the imprisonment of the defendant ...

docket:	a4166-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	105156

117 STATE OF NEW JERSEY v. ROLAND E. AMOS -- rank: 726

... 2C:44-3(d). The judge found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense). The judge ... and depraved manner.' The judge also found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense). The ... defendant's criminal history, the judge found aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's criminal record and the ... the A-4777-16T1 30 judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... s lack [of a criminal] record since 2004.' 3 See N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicated that he ... challenge the judge's refusal to find mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of ...

docket:	a4777-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-13
status:	Unpublished
citation:
Document Size:	57113

118 STATE OF NEW JERSEY v. ANGELO M. ROLLERI -- rank: 726

... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f); cf. L. 2007, c. 284, § 1 (amending N ... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f). The propriety of the sentence and the parole ineligibility ... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f). In the same sentencing proceeding, the judge imposed a ...

docket:	a2595-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	52782

119 STATE OF NEW JERSEY v. JEAN A. SENE -- rank: 726

... a second-degree crime which carries a presumption of incarceration. N.J.S.A. 2C:44-1(d). There is some confusion in the record concerning which ... aggravating and mitigating factors the trial judge found. See generally N.J.S.A. 2C:44-1(a), (b) (defining the various aggravating and mitigating factors). The ... stated that he found mitigating factors two, nine, and ten. N.J.S.A. 2C:44-1(b)(2), (9), (10). Although he did not expressly find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the judge noted that defendant did not have ... offenses of which he has been convicted," and nine, deterrence. N.J.S.A. 2C:44-1(a)(6), (9). Finally, despite the presumption of imprisonment applicable to a second-degree offense, N.J.S.A. 2C:44-1(d), the judge also found mitigating factor ten, N. ...

docket:	a2256-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	published
citation:	443 N.J.Super. 134 128 A.3d 175
Document Size:	36659

120 STATE OF NEW JERSEY v. ANGELO M. ROLLERI -- rank: 726

... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f); cf. L. 2007, c. 284, § 1 (amending N ... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f). The propriety of the sentence and the parole ineligibility ... See N.J.S.A. 2C:43-6a(3), b; N.J.S.A. 2C:44-1(f). In the same sentencing proceeding, the judge imposed a ...

docket:	a3324-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	51558