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1471 STATE OF NEW JERSEY v. CORNELL DAVIS -- rank: 533

... weight to the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and that imprisonment would entail excessive hardship to defendant and his family, N.J.S.A. 2C:44-1(b)(11). However, the court accorded "tremendous weight" to the ... period of time before the commission of the present offense[,]" N.J.S.A. 2C:44-1(b)(7); (2) "[D]efendant's conduct was the result of circumstances unlikely to recur[,]" N.J.S.A. 2C:44-1(b)(8); and (3) "The character and attitude of . . . defendant indicate that he is unlikely to commit another offense[,]" N.J.S.A. 2C:44-1(b)(9). The court concluded that the aggravating and mitigating ...

docket:	a0532-08
court:	superior court trial
decided:	2011-02-18
status:	unpublished
citation:
Document Size:	26823

1472 STATE OF NEW JERSEY v. CHIWUEZE E. EBERE -- rank: 530

... a law-abiding life for a substantial period of time.' N.J.S.A. 2C:44-1(b)(7). In sentencing defendant, the court found aggravating factor ... three – the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and nine – the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court rejected defense counsel's argument for ... the commission of the present offense.' A-5704-17T3 12 N.J.S.A. 2C:44-1(b)(7). Consequently, we have consistently recognized that municipal court ...

docket:	a5704-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-11
status:	Unpublished
citation:
Document Size:	23939

1473 STATE OF NEW JERSEY v. FARARHD H. GUNTER -- rank: 530

... the 'two 'interrelated but distinguishable concepts,' [incorporated in deterrence under N.J.S.A. 2C:44-1(a)(9)], the sentence's 'general deterrent effect on the ...

docket:	a0735-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-22
status:	unpublished
citation:
Document Size:	55043

1474 State v. Scott M. Cain -- rank: 530

... the trial court’s finding of aggravating factor number two, N.J.S.A. 2C:44-1(a)(2) (considering “gravity and seriousness of harm inflicted ...

docket:	A-8-14
court:	NJ Supreme Court
decided:	2015-03-15
status:
citation:	224 N.J. 410 133 A.3d 619
Document Size:	114702

1475 /usr/local/share/www/libweb/collections/courts/appellate/a2881-18.opn.html -- rank: 530

... made detailed findings concerning the aggravating and mitigating factors, see N.J.S.A. 2C:44- 1(a) to (b), carefully weighed the factors, and imposed a ...

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1476 STATE OF NEW JERSEY v. RAHEEM M. LONG -- rank: 530

... Ibid. The judge found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3) (risk of re-offense), (6) (the extent of ... 9) (the need to deter). He found no mitigating factors. N.J.S.A. 2C:44-1(b). The judge imposed an aggregate sentence of eight-years ...

docket:	a4149-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-18
status:	unpublished
citation:
Document Size:	47679

1477 /usr/local/share/www/libweb/collections/courts/supreme/a0236-15.opn.html -- rank: 530

... by the record." The sentencing court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (likelihood that defendant will commit another offense), and factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victim of his conduct ... the defendant's conduct, though failing to establish a defense[.]" N.J.S.A. 2C:44-1(b)(4). This archive is a service of Rutgers School ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28316

1478 STATE OF NEW JERSEY v. DARNELL WILSON -- rank: 530

... factor.' 6 6 On October 19, 2020, the Legislature amended N.J.S.A. 2C:44-1 to add mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), which permits consideration of the defendant's age ... of defendant's age when it found aggravating factor three, N.J.S.A. 2C:44- 1(a)(3), based on defendant's prior juvenile and adult criminal history, aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), based on the need for deterrence, and no ...

docket:	a0393-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-17
status:	Unpublished
citation:
Document Size:	41224

1479 STATE OF NEW JERSEY v. SHAQUAN GRAY -- rank: 530

... HAVE BEEN SENTENCED AS FOR A CRIME ONE DEGREE LOWER. N.J.S. [A.] 2C:44-1[(f)](2). POINT IV: DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE FROM TRIAL ... lower than that for which a defendant has been convicted. N.J.S.A. 2C:44-1(f)(2) provides in part: In cases of convictions for ... court must weigh the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). 2 The judge was the same judge who sentenced defendant. 3 The aggravating factors contained in N.J.S.A. 2C:44-1(a)(3) and (6) are, respectively, the risk that defendant ...

docket:	a2431-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	28465

1480 STATE OF NEW JERSEY v. NATHANIEL E. PRICE -- rank: 530

... t]he risk that the defendant will commit another offense[,]' N.J.S.A. 2C:44-1(a)(3), applied 'based on [defendant's] prior drug use ... seriousness of the offenses of which he has been convicted[,]' N.J.S.A. 2C:44-1(a)(6), applied based on defendant's one adult conviction ... for deterring the defendant and others from violating the law [,]' N.J.S.A. 2C:44-1(a)(9), applied. The court cited 'the need to deter ...

docket:	a4874-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-28
status:	Unpublished
citation:
Document Size:	35461

1481 STATE OF NEW JERSEY v. JOSE O. COREA -- rank: 530

... there is a "risk that defendant will commit another offense[.]" N.J.S.A. 2C:44-1(a)(3). Factor nine allows for consideration of the "need ... for deterring the defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(9). The judge found a need for both specific ...

docket:	a5750-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	41795

1482 STATE OF NEW JERSEY v. JOSHUA A. TOLIVER -- rank: 530

... weigh the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and (b). Following the court's determination that defendant ... they are] presently subject to the presumption of imprisonment in N.J.S.A. 2C:44-1(d) or to a mandatory period of parole ineligibility.' Id ... a second-degree offense, which carries a presumption of incarceration. N.J.S.A. 2C:44-1(d). Nevertheless, the court's adoption of the State's ...

docket:	a1528-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-20
status:	Unpublished
citation:
Document Size:	45953

1483 State of New Jersey v. Alonzo B. Hill -- rank: 530

... and that the weight of the aggravating factors prevailed . See N.J.S.A. 2C:44-1. The court merged the convictions for conspiracy to commit robbery ...

docket:	a-5-08
court:	supreme
decided:	2009-07-14
status:
citation:	199 N.J. 545 974 A.2d 403
Document Size:	146190

1484 STATE OF NEW JERSEY v. HAROLD ANTHONY TUCKER -- rank: 530

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case."  State v ...

docket:	a1398-12
court:	NJ Superior Court Appellate Division
decided:	2015-10-13
status:	unpublished
citation:
Document Size:	50697

1485 STATE OF NEW JERSEY v. DUJUAN LITTLEJOHN -- rank: 530

... when sentencing. Here, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... of the offenses of which defendant was convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The judge found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment of defendant will cause excessive hardship to ...

docket:	a2546-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	unpublished
citation:
Document Size:	32620