Search Rutgers Law Library N.J. Court Opinions

1276 STATE OF NEW JERSEY v. JANELLE H. WEST, a/k/a JANELLE HELEN WEST -- rank: 550

... II. She argues the judge erred in finding aggravating factor N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense," and failing to find mitigating factors N.J.S.A. 2C:44-1(b)(2), "[t]he defendant did not contemplate that [her] conduct would cause or threaten serious harm;" N.J.S.A. 2C:44-1(b)(9), "[t]he character and attitude of the defendant ... indicate that [she] 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:	a0649-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	28566

1277 /usr/local/share/www/libweb/collections/courts/appellate/a5468-14.opn.html -- rank: 550

... Based on this information, the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will reoffend). He also found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense), noting defendant ... back of the neck. 2 He found aggravating factors six, N.J.S.A. 2C:44-1(a)(6) (prior criminal record and seriousness of offense), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The judge further determined, based ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	39259

1278 STATE OF NEW JERSEY v. T.M.S. -- rank: 550

... he maintains the judge erred when weighing aggravating factor two, N.J.S.A. 2C:44-1(a)(2), by improperly considering the harm his conduct caused ... particularly vulnerable or incapable of resistance due to . . . extreme youth[.]" N.J.S.A. 2C:44-1(a)(2). We reject defendant's argument that the judge erroneously expanded the application of N.J.S.A. 2C:44-1(a)(2) as proscribed by the Court in Lawless . See ...

docket:	a2411-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-13
status:	unpublished
citation:
Document Size:	72408

1279 STATE OF NEW JERSEY v. P.D.W. -- rank: 550

... of all custodial interrogations unless expressly excepted under the Rule . N.J.S.A. 2C:44-1(a)(2)("[t]he gravity and seriousness of harm inflicted ... for deterring the defendant and others from violating the law"). N.J.S.A. 2C:44-1(b)(4)("substantial grounds tending to excuse or justify the ...

docket:	a6025-05
court:	njappellate
decided:	2008-06-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	78107

1280 STATE OF NEW JERSEY v. RONALD P. CHERRY -- rank: 550

... plea agreement. The judge found six aggravating factors applied under N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of the harm inflicted), 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), N.J.S.A. 2C:44-1(a)(9) (deterring defendant and others), and N.J.S.A. 2C:44-1(a)(12) (commission of an offense against a person ...

docket:	a0979-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-29
status:	unpublished
citation:
Document Size:	15640

1281 STATE OF NEW JERSEY v. AQUIL BUSH -- rank: 550

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); "[t]he 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 "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). Defendant argues the court failed to articulate an ... willingness of the defendant to cooperate with law enforcement authorities," N.J.S.A. 2C:44-1(b)(12). The court was convinced that the aggravating factors ...

docket:	a2947-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-10
status:	unpublished
citation:
Document Size:	27006

1282 /usr/local/share/www/libweb/collections/courts/appellate/a1805-14.opn.html -- rank: 550

... 65 (1984)). Here, the trial court found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The judge also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity); eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances not likely to recur); and nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate he is ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	31514

1283 STATE OF NEW JERSEY v. SADDIQUIE WILLIAMS -- rank: 550

... He then proceeded to weigh the aggravating and mitigating factors. N.J.S.A. 2C:44-1. The judge ascribed considerable weight to aggravating factor three, stating ...

docket:	a0038-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	52856

1284 STATE OF NEW JERSEY VS. GEORGE RAYFORD -- rank: 550

... period of time before the commission of the present offense.' N.J.S.A. 2C:44-1(b)(7). 2 'The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm.' N.J.S.A. 2C:44-1(b)(2). A-1684-22 2 Therefore, defense counsel argued ... 3 'The risk that the defendant will commit another offense.' N.J.S.A. 2C:44- 1(a)(3). 4 'The need for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44-1(a)(9). A-1684-22 3 Thereafter, defendant filed a ... s conduct was the result of circumstances unlikely to recur.' N.J.S.A. 2C:44-1(b)(8). 6 'The character and attitude of the defendant ... indicate that the defendant is unlikely to commit another offense.' N.J.S.A. 2C:44-1(b)(9). A-1684-22 4 Second, the PCR ...

docket:	a1684-22
court:	appellate
decided:	2024-04-16
status:	Unpublished
citation:
Document Size:	22609

1285 STATE OF NEW JERSEY v. TERRELL CORBIN -- rank: 550

... judge is required, however, to consider aggravating and mitigating factors, N.J.S.A. 2C:44-1, supported by the evidence, and to determine the appropriate sentence ...

docket:	a1673-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-14
status:	unpublished
citation:
Document Size:	41899

1286 STATE OF NEW JERSEY v. WILLIAM HOHNEY -- rank: 548

... aggravating factor three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's ... seriousness of the offenses of which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor two, that ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). After weighing the aggravating and mitigating factors quantitatively ...

docket:	a3111-08
court:	superior court appellate division
decided:	2011-02-04
status:	unpublished
citation:
Document Size:	38129

1287 /usr/local/share/www/libweb/collections/courts/appellate/a2549-19.opn.html -- rank: 548

... involving acts of violence. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), six, N.J.S.A. 2C:44-1(a)(6), and nine, N.J.S.A. 2C:44-1(a)(9), based on its consideration of the extensive record ... and rejected defense arguments for mitigating factors three and four, N.J.S.A. 2C:44-1(b), explicitly finding no basis in the record for their ...

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court:	New Jersey Superior Court Appellate Division
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status:
citation:
Document Size:	18099

1288 STATE OF NEW JERSEY v. JOHNATHAN D. MORGAN a/k/a JONATHAN D. MORGAN -- rank: 548

... State v. Gerns, 145 N.J. 216, 224 (1996) (citing N.J.S.A. 2C:44-1(b)(12) (making '[t]he willingness of the defendant to ... for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44-1(a). Defendant claims his criminal record did not justify the ...

docket:	a0390-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-24
status:
citation:
Document Size:	51216

1289 STATE OF NEW JERSEY v. SHAKEYSHA L. PRUITT -- rank: 548

... on July 25, 2014. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter A-2742-16T1 3 defendant ... from violating the law). The judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of prior delinquency or criminal activity). The judge also found mitigating factor nine, N.J.S.A. 2C:44- 1(b)(9) (character and attitude of defendant indicate she is ... supported findings by the sentencing judge of mitigating factors four, N.J.S.A. 2C:44- 1(b)(4) (substantial grounds tending to excuse or justify defendant's conduct); and eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct the result of circumstances ...

docket:	a2742-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-18
status:	Unpublished
citation:
Document Size:	22636

1290 STATE OF NEW JERSEY v. SHIRLENE FOAT-LEITH -- rank: 548

... The judge found aggravating sentencing factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); (a)(6) (extent of ... 9) (need to deter). He found no mitigating sentencing factors. N.J.S.A. 2C:44-1(b). The judge imposed the maximum sentence on each school ...

docket:	a4790-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-26
status:	unpublished
citation:
Document Size:	45147