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1426 STATE OF NEW JERSEY v. SHADEE ALEXANDER -- rank: 535

... public and the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1. State v. Pierce , 188 N.J. 155 , 169-70 (2006 ...

docket:	a1146-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	53669

1427 STATE OF NEW JERSEY v. WILLIAM SHEPARD -- rank: 535

... intent to distribute, mitigating factors one and two applied. See N.J.S.A. 2C:44-1(b)(1) ("defendant's conduct neither caused nor threatened serious harm"); N.J.S.A. 2C:44-1(b)(2) ("defendant did not contemplate that his conduct would ...

docket:	a2929-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-14
status:	unpublished
citation:
Document Size:	23746

1428 STATE OF NEW JERSEY v. KEVIN BROWN -- rank: 535

... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), six, the extent of defendant's prior criminal record and the seriousness of the offenses, 5 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 concluded that '[t]he aggravating 5 ...

docket:	a0777-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:	Published
citation:
Document Size:	29674

1429 STATE OF NEW JERSEY v. JOSE LUIS SUAREZ -- rank: 535

... the motion. At sentencing, the judge found aggravating factor nine. N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... 4000-19T4 2 law). The judge found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of delinquency or criminal ... law - abiding life for a substantial period of time); nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate he is ...

docket:	a4000-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-08
status:	Unpublished
citation:
Document Size:	24977

1430 /usr/local/share/www/libweb/collections/courts/appellate/a1614-15.opn.html -- rank: 535

... nine, the need for deterrence, giving those factors substantial weight. N.J.S.A. 2C:44-1(a)(3) and (9). As to factor three, the court ... mitigating factor six because defendant was directed to pay restitution. N.J.S.A. 2C:44-1(b)(6). The court orally concluded that it would apply ... but his judgment of conviction does not reflect this finding. N.J.S.A. 2C:44-1(b)(11). We order mitigating factor eleven to be reflected ...

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Document Size:	43609

1431 Statev. Roy Friedman -- rank: 535

... defendant’s attorney reviewed the statutory aggravating and mitigating factors, N.J.S.A. 2C:44-1(a) and (b), and contended that the mitigating factors predominated ... regardless of whether the matter is downgraded for sentencing under N.J.S.A. 2C:44-1(f)(2)). If an individual were to serve concurrent periods ...

docket:	A-18-10
court:	NJ Supreme Court
decided:	2012-01-24
status:
citation:
Document Size:	94968

1432 STATE OF NEW JERSEY v. PANAGIOTI N. SOURIS -- rank: 535

... mitigating factors, but applied aggravating factors three, six, and nine. N.J.S.A 2C:44-1(a)(3) (risk to commit another offense); -1(a)(6 ... contemplate that his conduct would cause or threaten serious harm. N.J.S.A. 2C:44-1(b)(1) and (2). In particular, defendant claims that his ...

docket:	a4142-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	32444

1433 STATE OF NEW JERSEY v. COSON D. TAYLOR -- rank: 535

... find mitigating factor twelve for cooperating with the police. Under N.J.S.A. 2C:44-1(b)(13), a court may consider whether '[t]he conduct ...

docket:	a4937-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	33550

1434 STATE OF NEW JERSEY v. TIMOTHY C. AMAN -- rank: 535

... one state." 2 Applying and weighing aggravating and mitigating factors, N.J.S.A. 2C:44-1(a), (b), the judge sentenced defendant to ten years, the ... v. Lawless , 214 N.J. 594 , 599-600 (2013) (quoting N.J.S.A. 2C:44-1(a)(2)). Defendant argues an element of the crime charged ... 369. Here, defendant's conviction carries a presumption of incarceration. N.J.S.A. 2C:44-1(d). Defendant's struggle with his sexual orientation is not ...

docket:	a1029-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	37707

1435 STATE OF NEW JERSEY v. TAHJ J. PINES -- rank: 535

... aggravating factor three, the risk of defendant committing another offense, N.J.S.A. 2C:44-1(a)(3), noting he was 'picking up offenses' based on ... to deter the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), due to the use of guns and defendant ...

docket:	a1469-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-04
status:	Unpublished
citation:
Document Size:	57420

1436 STATE OF NEW JERSEY v. TIWAN M. FLAGLER -- rank: 535

... the armed robbery. At sentencing, the judge found aggravating factor N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit ... commit another offense was high. The judge found aggravating factor N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... to distribute a CDS. The judge also found aggravating factor N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ...

docket:	a0825-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	23302

1437 STATE OF NEW JERSEY v. ANTWAN HATHAWAY -- rank: 535

... seriousness of the offenses of which he has been convicted." N.J.S.A. 2C:44-1(a)(6). Those prior convictions, and defendant's two parole ... six, a "risk that the defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). The judge correctly found that mitigating factors one ... d] that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(1), (2). Even if unloaded, the gun was operable ...

docket:	a0594-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-31
status:	unpublished
citation:
Document Size:	48690

1438 STATE OF NEW JERSEY v. VERLANCE BUDDINGTON -- rank: 535

... must identify whether any of the aggravating factors enumerated in N.J.S.A. 2C:44-1(a) or the mitigating factors in N.J.S.A. 2C:44-1(b) apply, and then balance the applicable factors. Id. at ... six); and 3) the need for deterrence (factor nine). See N.J.S.A. 2C:44-1(a)(3). At defendant's request, the judge considered the ... s conduct (factor four), but declined to apply it. See N.J.S.A. 2C:44-1(b)(4). On appeal, defendant first contends that mitigating factor ...

docket:	a1159-17
court:	NJ Superior Court Appellate Division
decided:	2018-10-30
status:	Unpublished
citation:
Document Size:	29668

1439 STATE OF NEW JERSEY v. ANTHONY F. STALTER -- rank: 535

... first or second degree, there is a presumption of imprisonment, N.J.S.A. 2C:44-1(d), which is rarely overcome. State v. Soricelli , 156 N ...

docket:	a5674-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	published
citation:	440 N.J.Super. 548 114 A.3d 1029
Document Size:	26054

1440 STATE OF NEW JERSEY v. ALTEREEK R. BOYD -- rank: 535

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal record and the seriousness of the past convictions, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9); and no mitigating factors. Defendant was sentenced to ...

docket:	a4600-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-08
status:	Unpublished
citation:
Document Size:	26243