Search Rutgers Law Library N.J. Court Opinions

1501 /usr/local/share/www/libweb/collections/courts/appellate/a3393-14.opn.html -- rank: 528

... and mitigating factors as set forth in the statute. See N.J.S.A. 2C:44-1(a) and (b). Trial judges must explain how they arrive ... record; and nine, the need to deter him and others. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating ... need to deter him and others, and no mitigating factors. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Hearns was the shooter. The ...

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1502 STATE OF NEW JERSEY v. HEINZ BERECZ -- rank: 528

... finding of aggravating factors three — risk defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); six — his prior criminal record and the seriousness of the offenses of which he was convicted, N.J.S.A. 2C:44-1(a)(6); and nine — the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court cited defendant's extensive prior record ... associated with the initial decision to resort to unlawful practices." N.J.S.A. 2C:44-1(a)(11). As defendant was convicted of a second-degree ...

docket:	a5563-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-26
status:	Published
citation:
Document Size:	55290

1503 STATE OF NEW JERSEY v. ANTHONY SMITH -- rank: 528

... imposing its sentence, the sentencing 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)(b). The sentencing court did not find any mitigating ...

docket:	a0436-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	34296

1504 STATE OF NEW JERSEY v. SHERMAN MILLER -- rank: 528

... A-2258-20 3 factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior criminal record and the seriousness of the offenses'); and N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... at sentencing that mitigating factors four and eleven applied. See N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to excuse ... the defendant's conduct, though failing to establish a defense'); N.J.S.A. 2C:44- 1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a2258-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	17883

1505 /usr/local/share/www/libweb/collections/courts/appellate/a2116-17.opn.html -- rank: 528

... to the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and (b). Zuber, 227 N.J. at 429, 445 ... for deterrence), and no mitigating factors when determining his sentence. N.J.S.A. 2C:44-1(a)(3), (6) and (9). Citing State v. Dalziel, 182 ...

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1506 STATE OF NEW JERSEY v. PEDRO SOLER -- rank: 528

... recently convicted of sexual contact. He found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); (6) (seriousness of the crime ...

docket:	a3533-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	43945

1507 STATE OF NEW JERSEY v. DONALD W. JACKSON -- rank: 528

... sale." In imposing sentence, the judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense"; N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... of the offenses for which he has been convicted"; and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ...

docket:	a2630-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-22
status:	unpublished
citation:
Document Size:	41441

1508 STATE OF NEW JERSEY v. ERIC D. WILLIAMS -- rank: 528

... t]he risk that the defendant will commit another offense.' N.J.S.A. 2C:44-1(a)(3). Aggravating factor nine is the need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(9). A-0918-20 4 defendant on November 14 ...

docket:	a0918-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-05
status:	Unpublished
citation:
Document Size:	20878

1509 STATE OF NEW JERSEY v. M.D.K. -- rank: 528

... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Roth , supra , 95 N.J. at 359 ... the harm inflicted on the victim was an aggravating factor. N.J.S.A. 2C:44-1(a)(2). The judge based this conclusion on the evidence ... that defendant was a repetitive, though not compulsive, sex offender. N.J.S.A. 2C:44-1(a)(3), (9). As for mitigation, the trial judge found ... defendant's lack of a prior record was a factor. N.J.S.A. 2C:44-1(b)(7). However, defendant challenges the judge's failure to ...

docket:	a0599-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-23
status:	unpublished
citation:
Document Size:	29797

1510 STATE OF NEW JERSEY v. KAREEM T. TILLERY -- rank: 528

... aggravating factors: the risk the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). When he found aggravating factor nine, the judge ... for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), or three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3). The court partially based its finding of these ...

docket:	a3371-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-10
status:	Unpublished
citation:
Document Size:	22800

1511 STATE OF NEW JERSEY v. CELSO LAREDO MADRIGAL a/k/a CELSO MADRIGAL-LAREDO -- rank: 528

... 2008. The court found aggravating factor three, likelihood of reoffending, N.J.S.A. 2C:44-1(a)(3); factor six, prior record of convictions, N.J.S.A. 2C:44-1(a)(6); and factor nine, need to deter, N.J.S.A. 2C:44-1(a)(9). We reject defendant's argument that the court ...

docket:	a2713-11
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
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1512 STATE OF NEW JERSEY v. VALTER SFORCA -- rank: 528

... victim), three (risk of reoffending), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9). The court also found mitigating factor seven (no prior record). N.J.S.A. 2C:44-1(b)(7). The court concluded that the aggravating factors outweighed ...

docket:	a4486-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-01
status:	Unpublished
citation:
Document Size:	20949

1513 STATE OF NEW JERSEY v. JAMEEL N. JONES -- rank: 528

... mistake in failing to find or consider mitigating factor seven,' N.J.S.A. 2C:44-1(b)(7) ('The defendant has no history of prior delinquency ... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3), (6), and (9). In support, the judge recounted ...

docket:	a2238-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-23
status:	Unpublished
citation:
Document Size:	64329

1514 STATE OF NEW JERSEY v. JANICE D. CRAWFORD -- rank: 528

... The judge found aggravating factors three, six, nine and eleven. N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); (6) extent and nature ... cost of doing business"). He found no mitigating factors. See N.J.S.A. 2C:44-1(b). Although the judge was clearly convinced the aggravating factors ... the defendant's conduct, though failing to establish a defense[,]" N.J.S.A. 2C:44-1(b)(4). The judge specifically rejected this claim when offered ...

docket:	a3700-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-03
status:	unpublished
citation:
Document Size:	34248

1515 STATE OF NEW JERSEY v. RAHEEM A. PAMPLIN -- rank: 526

... 2C:35-6, and the removal of aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11), which is inapplicable when a defendant faces a ...

docket:	a3581-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-25
status:	unpublished
citation:
Document Size:	44376