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1066 STATE OF NEW JERSEY v. LOC VAN NHAN -- rank: 574

... the sentencing court misapplied relevant aggravating and mitigating factors under N.J.S.A. 2C:44-1 in determining the appropriate sentence. In State v. Bieniek , 200 ...

docket:	a2428-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	63992

1067 STATE OF NEW JERSEY v. CARLOS GREEN -- rank: 574

... that the sentencing judge erred in finding aggravating factor three, N.J.S.A. 2C:44-1(a)(3), and aggravating factor six, N.J.S.A. 2C:44-1(a)(6). Defendant claims the judge impermissibly relied on past ... because 'there is a risk defendant will commit another offense.' N.J.S.A. 2C:44- 1(a)(3). The judge stated, 'defendant has two prior DWI ... of the offenses of which the defendant has been convicted.' N.J.S.A. 2C:44-1(a)(6). The judge stated that although 'the defendant does ... erred in finding aggravating factor six. The plain language of N.J.S.A. 2C:44-1(a)(6) unequivocally states a defendant's 'prior' criminal record ...

docket:	a1158-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	54487

1068 STATE OF NEW JERSEY v. IAN W. MARIAS, -- rank: 574

... for parole. N.J.S.A. 2C:21-27(a); N.J.S.A. 2C:44-1. The sentences for the underlying crime and for the money ...

docket:	a2145-19
court:	NJ Superior Court Appellate Division
decided:	2020-05-19
status:	Published
citation:
Document Size:	29404

1069 STATE OF NEW JERSEY v. CLIFFORD GRABOWSKI -- rank: 574

... 1996, and 2001. The sentencing judge found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), among other reasons, because despite prior sentences, defendant ... twice the legal limit. He also found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), given defendant's repeated DWI convictions, and nine, N.J.S.A. 2C:44-1(a)(9), the need to deter him and others from ... factor seven, that defendant had no prior criminal history. See N.J.S.A. 2C:44 1(b)(7). In the balance, he concluded that the aggravating ... observed that counsel's failure to argue mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), may have been due to the tactical concern ... that his conduct would cause or threaten serious harm. See N.J.S.A. 2C:44-1(b)(2). Nothing in the record supports the assertion ...

docket:	a2705-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	21029

1070 STATE OF NEW JERSEY v. JOSEPH V. DELIBERO -- rank: 574

... defendant, the judge considered statutorily enumerated aggravating and mitigating factors, N.J.S.A. 2C:44-1(a)-(b); balanced them; properly evaluated the Yarbough criteria for ...

docket:	a5953-10
court:	NJ Superior Court Appellate Division
decided:	2014-02-11
status:	unpublished
citation:
Document Size:	36236

1071 STATE OF NEW JERSEY v. SHARROD L. STUART -- rank: 574

... for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44-1(a)(1), -1(a)(3), -1(a)(6), -1(a ... unlikely to occur[,]' and nine, 'unlikely to commit another offense.' N.J.S.A. 2C:44-1(b)(8), -1(b)(9). The judge found the aggravating ... to weigh mitigating factor three, 'acted under a strong provocation[,]' N.J.S.A. 2C:44-1(b)(3), which caused the judge to find that the ...

docket:	a1973-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-19
status:	Unpublished
citation:
Document Size:	23866

1072 STATE OF NEW JERSEY v. FABIAN B. AUSTIN -- rank: 574

... Because we find consideration of aggravating factors 1 and 2, N.J.S.A. 2C:44-1(a)(1) and (2), to have been improper and not ... J. 413 , 425 (2001). However, for purposes of aggravating factor N.J.S.A. 2C:44-1(a)(1), the cruel manner of an attack may be ... significant juvenile record, the matter represents his first adult conviction. N.J.S.A. 2C:44-1(b)(7). VI We have considered the remaining issues in ...

docket:	a3749-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-22
status:	unpublished
citation:
Document Size:	76050

1073 STATE OF NEW JERSEY v. CARLOS ORTIZ -- rank: 574

... counts. During sentencing, the court found applicable aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense . . . .'); six, N.J.S.A. 2C:44- 1(a)(6) ('The extent of the defendant's prior criminal ... offenses of which the defendant has been convicted . . . .'); and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ...

docket:	a3952-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-26
status:	Unpublished
citation:
Document Size:	51695

1074 STATE OF NEW JERSEY v. MARQUIS D. HALL -- rank: 574

... found the following aggravating factors: the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); the extent of his prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9). The court provided the following support for these ... that the court erred in failing to find excessive hardship, N.J.S.A. 2C:44-1(b)(11), as a mitigating factor because he had two ...

docket:	a2073-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-04
status:	unpublished
citation:
Document Size:	52679

1075 STATE OF NEW JERSEY v. PAUL A. FOGLIA -- rank: 574

... aggravating factors one, two, three, nine and twelve applied. See N.J.S.A. 2C:44-1(a)(1) ("The nature and circumstances of the offense . . . including ... one]." Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:44-1 (2015). In State v. Soto , 340 N.J. Super. 47 ...

docket:	a0645-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	34853

1076 STATE OF NEW JERSEY v. RICHARD S. RANDAZZO -- rank: 574

... 49, 65 (2014). The sentencing judge found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (risk of reoffending); six, N.J.S.A. 2C:44-1(a)(6) (prior record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). She found no mitigating factors ...

docket:	a0407-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-14
status:	Unpublished
citation:
Document Size:	56346

1077 STATE OF NEW JERSEY v. JAMES T. BANKOWSKI -- rank: 574

... the aggravating and mitigating factors set forth in the statute, N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ...

docket:	a3964-08
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	94749

1078 STATE OF NEW JERSEY v. ANTHONY D. KILLE -- rank: 574

... criminal record and the seriousness of defendant's current crime. N.J.S.A. 2C:44-1(a)(3) and (a)(6). The judge gave 'moderate weight ... type.' The judge then reviewed all the mitigating sentencing factors, N.J.S.A. 2C:44-1(b), and concluded none applied. The judge found the aggravating ... 51, 66 (App. Div. 2021) (first alteration in original) (quoting N.J.S.A. 2C:44-1(b)(14)), certif. granted and remanded on other grounds, 250 ...

docket:	a1049-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Published
citation:
Document Size:	38136

1079 STATE OF NEW JERSEY VS. CHRISTOPHER W. HEDDY, ET AL. -- rank: 574

... found aggravating factors three (risk defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3), and nine (need to deter the defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9), and mitigating factor seven ('defendant has no history ... period of time before the commission of the present offense'), N.J.S.A. 2C:44-1(b)(7). The judge sentenced each defendant to a ten ... indicate that the defendant is unlikely to commit another offense'). N.J.S.A. 2C:44-1(b)(8) and (9). The sentencing judge concluded aggravating factor ...

docket:	a0299-22a0300-22
court:	appellate
decided:	2024-04-05
status:	Unpublished
citation:
Document Size:	40215

1080 STATE OF NEW JERSEY v. ABDUL M. STANBACK -- rank: 574

... 6.4(e)(1). The judge applied 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 ... offenses of which the defendant has been convicted'), and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ...

docket:	a2871-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-09
status:	Unpublished
citation:
Document Size:	44062