Search Rutgers Law Library N.J. Court Opinions

1246 STATE OF NEW JERSEY v. CLAYTON SIMPSON -- rank: 552

... the judge relied on the Criminal Code factors outlined in N.J.S.A. 2C:44-1 when determining the aggravating and mitigating factors relevant to defendant ... defendant's contention that the sentencing judge improperly relied on N.J.S.A. 2C:44-1 and, instead, should have weighed the factors outlined in State ... judge to rely on the Criminal Code factors listed in N.J.S.A. 2C:44-1 when sentencing the defendant. Id. at 595. Instead, the sentencing ... finding aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The sentencing judge found applicable mitigating factors: the defendant has no prior history of criminal activity, N.J.S.A. 2C:44-1(b)(7), and defendant is likely to respond affirmatively ...

docket:	a2191-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-30
status:	unpublished
citation:
Document Size:	19212

1247 STATE OF NEW JERSEY v. TODD R. WHITE -- rank: 552

... judge found aggravating factors two, three, six and nine. See N.J.S.A. 2C:44-1(a)(2) (the "gravity and seriousness of the harm inflicted ... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(1) and (2). The argument lacks sufficient merit to ...

docket:	a0456-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	31533

1248 STATE OF NEW JERSEY v. L.V -- rank: 552

... J. 175 (1984)). When the judge has erred in applying N.J.S.A. 2C:44-1 to the facts in the record before him, or where ...

docket:	a3149-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-08
status:	published
citation:	410 N.J. Super. 90 979 A.2d 821
Document Size:	89748

1249 STATE OF NEW JERSEY v. ISAIAH M. KINNEY, JR -- rank: 552

... entitled to the court's finding of mitigating factor eleven, N.J.S.A. 2C:44-1(b)(12), based on her willing cooperation with law enforcement ...

docket:	a3624-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-07
status:	unpublished
citation:
Document Size:	42996

1250 STATE OF NEW JERSEY v. ALLEN M. ESSNER -- rank: 552

... years. Finally, we note that in 2020, the Legislature amended N.J.S.A. 2C:44-1 to add mitigating factor fourteen. ' N.J.S.A. 2C:44-1(b) now provides that a sentencing judge 'may properly consider ...

docket:	a2052-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-13
status:	Unpublished
citation:
Document Size:	33792

1251 STATE OF NEW JERSEY v. NYAKEH BRIMA -- rank: 552

... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found "no reason to ... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(1), (2). It could be "readily perceived" that defendant ... grounds tending to excuse or justify the defendant's conduct." N.J.S.A. 2C:44-1(b)(4). Defendant claimed this factor applied because of defendant ...

docket:	a3197-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	40585

1252 STATE OF NEW JERSEY v. MARCUS ZAPATA CARENO a/k/a MARCUS ZAPATACARENO a/k/a MARCOS A. CARENO -- rank: 552

... Peru. The court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending), -1(a)(6) (prior criminal ... persons offense in 2006. The court found mitigating factor one, N.J.S.A. 2C:44-1(b)(1) ("defendant's conduct neither caused nor threatened serious ...

docket:	a1983-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	49339

1253 STATE OF NEW JERSEY v. BRANDON G. DIXON -- rank: 552

... three, six, and nine, and no factors in mitigation. See N.J.S.A. 2C:44-1. On appeal, defendant raises the following points: POINT I IT ... lacked the intention to cause fatal harm to the victim. N.J.S.A. 2C:44-1(b)(2). He A-2852-16T4 14 argued his statement ...

docket:	a2852-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	29083

1254 STATE OF NEW JERSEY v. RAMON RAMIREZ, JR -- rank: 552

... court found aggravating factors three, the risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); six, the extent and "seriousness" of his prior criminal history, N.J.S.A. 2C:44-1(a)(6); nine, the need to deter defendant and others from criminal conduct, N.J.S.A. 2C:44-1(a)(9); and no factors in mitigation. See N.J.S.A. 2C:44-1(b). This despite the fact defendant's only prior offense ... factor six, the extent of defendant's prior criminal history, N.J.S.A. 2C:44-1(a)(6), even though defendant's only prior contacts with ...

docket:	a4604-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-27
status:
citation:
Document Size:	23439

1255 STATE OF NEW JERSEY v. JAMAAL R. ADDISON -- rank: 552

... aggravating factors: the high risk of re-offense pursuant to N.J.S.A. 2C:44-1(a)(3); his previous record, pursuant to N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, pursuant to N.J.S.A. 2C:44-1(a)(9). As for mitigating factors, the judge found that the imprisonment of Addison would entail excessive hardship. N.J.S.A. 2C:44-1(b)(11). The judge sentenced Addison to twelve years in ...

docket:	a2260-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-31
status:	unpublished
citation:
Document Size:	23583

1256 STATE OF NEW JERSEY v. M.J.J -- rank: 552

... At sentencing, the court found three aggravating factors applicable under N.J.S.A. 2C:44-1(a): 'the risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3) (aggravating factor three); 'the extent of the defendant ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6) (aggravating factor six); and 'the need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9) (aggravating factor nine). The A-1668-19 7 ... was improper, and it should have considered mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), that 'defendant's conduct was a result of ...

docket:	a1668-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-04
status:	Unpublished
citation:
Document Size:	31179

1257 STATE OF NEW JERSEY v. TANIS A. COLELLI -- rank: 552

... need to deter defendant and others from committing such crimes. N.J.S.A. 2C:44-1(a)(4), (9). The court found six mitigating factors applicable ... the willingness of defendant to cooperate with law enforcement authorities. N.J.S.A. 2C:44-1(b)(6), (7), (9), (10), (11), (12). Finding that the ...

docket:	a3992-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-11
status:	unpublished
citation:
Document Size:	25254

1258 STATE OF NEW JERSEY v. EDDIE D. BUTLER -- rank: 552

... mitigating factor (3), that defendant acted under a strong provocation, N.J.S.A. 2C:44-1(b)(3); mitigating factor (4), that there were substantial grounds ... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); mitigating factor (5), that the victim's conduct induced or facilitated the commission of the crime, N.J.S.A. 2C:44-1(b)(5); mitigating factor (8), that defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8); mitigating factor (11), that defendant's imprisonment would entail excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11); and mitigating factor (12), defendant's cooperation with ... factor (3), the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3). Defendant's PCR petition came for adjudication ...

docket:	a5187-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	20842

1259 STATE OF NEW JERSEY v. ANGEL COLON -- rank: 552

... defendant be sentenced as a third-degree offender, pursuant to N.J.S.A. 2C:44-1(f)(2), to a three-year term of imprisonment. The ...

docket:	a2524-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-10
status:	Published
citation:
Document Size:	22715

1260 STATE OF NEW JERSEY v. JAMAL H. ROBINSON -- rank: 552

... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found no A-2563-16T4 18 mitigating factors, except mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), 'imprisonment of . . . defendant would entail excessive hardship to ... defendant's conduct did not cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(1), and mitigating factor two, that defendant 'did not ... contemplate that his conduct would case or threaten serious harm,' N.J.S.A. 2C:44-1(b)(2). Defendant argues that a crime involving a conspiracy ...

docket:	a2563-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-01
status:	Unpublished
citation:
Document Size:	35390