Search Rutgers Law Library N.J. Court Opinions

1291 /usr/local/share/www/libweb/collections/courts/supreme/a4381-14.opn.html -- rank: 548

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, defendant's prior record and the seriousness of the offense, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. The judge ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36436

1292 STATE OF NEW JERSEY v. JEROME L. FAUCETTE -- rank: 548

... he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2). He asserts 'the facts adduced at trial suggested ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), given defendant's pattern of previous offenses, and ... for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9). Unchallenged is the trial court's finding there ...

docket:	a6123-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-15
status:	published
citation:	439 N.J.Super. 241 108 A.3d 2
Document Size:	76216

1293 STATE OF NEW JERSEY v. ANTHONY BETHEA -- rank: 548

... three, six, and nine was fully supported by the record. N.J.S.A. 2C:44-1(a)(2), (3), (6), (9). Defendant's arguments about his ... mitigating factor ten, which it used as a "catch-all." N.J.S.A. 2C:44-1(b)(10). Defendant apparently expressed remorse during the preparation of ...

docket:	a0004-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-31
status:	unpublished
citation:
Document Size:	45420

1294 STATE OF NEW JERSEY v. DANIEL CARABALLO -- rank: 548

... of the offenses of which he has been convicted' under N.J.S.A. 2C:44-1(a)(6). In making that finding, A-0829-17T4 10 ...

docket:	a0829-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-09
status:	Unpublished
citation:
Document Size:	21028

1295 STATE OF NEW JERSEY v. JOHN G. DELLOBUONO -- rank: 548

... raise mitigating factors one, two, three, four, five, and eleven, N.J.S.A. 2C:44-1(b), to obtain a sentence shorter than thirteen years subject ... facilitated its commission) and eleven (imprisonment would entail excessive hardship). N.J.S.A. 2C:44-1(b)(1), (2), (3), (4), (5), and (11). This argument ...

docket:	a2387-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	47192

1296 STATE OF NEW JERSEY v. DEVON R. HAILE-JONES -- rank: 548

... the indictment. At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) A-0748-19 3 (risk that defendant will commit another offense), six, N.J.S.A. 2C:44- -1(a)(6) (extent of defendant's prior criminal convictions and the seriousness of th ose offenses), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter others). The court also gave 'slight weight' to mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior delinquency or criminal activity or ... period of time) and 'some weight' to mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or ...

docket:	a0748-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-24
status:	Unpublished
citation:
Document Size:	18370

1297 STATE OF NEW JERSEY v. P.M -- rank: 548

... resentencing. First, the trial court improperly found aggravating factors under N.J.S.A. 2C:44-1(a)(1) and (2). Second, the court improperly imposed consecutive ... court explained its reasons for finding the aggravating factors in N.J.S.A. 2C:44-1(a)(1) and (2), as well as its reasons for ...

docket:	a1686-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	51640

1298 STATE OF NEW JERSEY v. ERIC HARRIS -- rank: 548

... he willingness of . . . defendant to cooperate with law enforcement authorities." N.J.S.A. 2C:44-1(b)(2), (4) and (12). Had these mitigating factors been ... have been persuaded to sentence defendant to a lower term. N.J.S.A. 2C:44-1(f)(2) provides: In cases of convictions for crimes of ... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(2). At his plea, defendant specifically acknowledged that he ... or justify . . . [his] conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). We will not "adopt the proposition that one ... the willingness of defendant to cooperate with law enforcement officers," N.J.S.A. 2C:44-1(b)(12), is not met merely by a defendant's ... assert that "the interest of justice demands" a lower sentence. N.J.S.A. 2C:44-1(f)(2). Thus, he would not have satisfied the ...

docket:	a0801-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-13
status:	unpublished
citation:
Document Size:	24315

1299 /usr/local/share/www/libweb/collections/courts/appellate/a1995-18.opn.html -- rank: 548

... sentencing factors and his failure to find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant's lack of prior criminal history). We ... reoffend; and nine, the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(1), (3), and (9). Defendant does not challenge the ...

docket:
court:
decided:
status:
citation:
Document Size:	46258

1300 STATE OF NEW JERSEY v. MAMADEE KAMARA -- rank: 548

... the court found aggravating factor nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(9). The court also found one mitigating factor; that defendant had no prior criminal record. N.J.S.A. 2C:44-1(b)(7). The court placed significant weight on aggravating factor ...

docket:	a2854-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	47588

1301 STATE OF NEW JERSEY v. JOSE SANTANA -- rank: 548

... 5308-15T2 trial judge's findings of aggravating factors two, N.J.S.A. 2C:44- 1(a)(2) (youthful victim); three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); and six, N.J.S.A. 2C:44-1(a)(9) (deterrence); or mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no prior record); eight, N.J.S.A. 2C:44-1(b)(8) ('The defendant's conduct was the result of circumstances unlikely to recur'); and nine, N.J.S.A. 2C:44-1(b)(9) (the defendant's character and attitude indicate ...

docket:	a5308-15
court:	NJ Superior Court Appellate Division
decided:	2018-07-06
status:	unpublished
citation:
Document Size:	39983

1302 STATE OF NEW JERSEY v. DAMION BEEPUT -- rank: 548

... judge found aggravating factors one, three, six and nine. See N.J.S.A. 2C:44-1(a) (1) (the heinous, cruel, or depraved manner by which ... to deter defendant and others). He found no mitigating factors. N.J.S.A. 2C:44-1(b). Although defendant was eligible for a term of imprisonment ...

docket:	a4241-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	28237

1303 STATE OF NEW JERSEY v. RAHEEM CUNNINGHAM -- rank: 548

... offender"). The judge found aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a) (3), (6), and (9), and no mitigating factors, N.J.S.A. 2C:44-1(b). After merging counts one and two into count three ...

docket:	a0105-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-04
status:	unpublished
citation:
Document Size:	46239

1304 STATE OF NEW JERSEY v. MICHAEL SMITH -- rank: 548

... risk that defendant will commit another crime in the future, N.J.S.A. 2C:44-1(a)(3); prior criminal history, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). He also considered the additional aggravating factors of ... and stated to the judge that he felt threatened. See N.J.S.A. 2C:44-1(b)(3) (the defendant acted under a strong provocation), (5 ... report noted that defendant had a substance abuse problem. See N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify the ... I shot him first." Such a statement addresses mitigating factors. N.J.S.A. 2C:44-1(b)(3), (4), (5), (9). Thus, the court had ...

docket:	a5767-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-08
status:	unpublished
citation:
Document Size:	31995

1305 STATE OF NEW JERSEY, v. HANEEF MOLLEY, -- rank: 548

... year period of parole ineligibility. At sentencing, as required by N.J.S.A. 2C:44-1(a)(6), Judge Donohue considered defendant’s prior record and ... outweighed the mitigating factors, of which there were none. See N.J.S.A. 2C:44- 1(a)(3), (6), and (9). This court again agrees that ...

docket:	17-10-37
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:
citation:
Document Size:	54408