Search Rutgers Law Library N.J. Court Opinions

1546 STATE OF NEW JERSEY v. GUILIO MESADIEU -- rank: 524

... sentence. The court found aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending), (6) (prior criminal record and ... 19 mitigating factor two (which the court gave 'minimum . . . weight'), N.J.S.A. 2C:44-1(b)(2) ('defendant did not contemplate that' his 'conduct would ... oral sentencing decision, the court apparently also found factor one, N.J.S.A. 2C:44-1(b)(1) ('[t]he defendant's conduct neither caused nor ...

docket:	a5379-17
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	38655

1547 STATE OF NEW JERSEY v. ASTON SAPPE -- rank: 524

... need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1. Additionally, Judge Callahan found that defendant was remorseful and applied ...

docket:	a2512-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-11
status:	unpublished
citation:
Document Size:	20699

1548 STATE OF NEW JERSEY v. AMALIA MIRASOLA -- rank: 524

... court erred in placing significant weight on aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for general and specific deterrence), based ... Fuentes , 217 N.J. 57 , 72-73 (2014); see also N.J.S.A. 2C:44-1. Once the court has balanced the applicable factors, it "may ...

docket:	a3639-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-25
status:	unpublished
citation:
Document Size:	71664

1549 STATE OF NEW JERSEY v. ANDRES J. PAYANO -- rank: 524

... and any mitigation based on his age of twenty. See N.J.S.A. 2C:44-1(a)(3), (a)(6), (a)(9), (b)(1)-(2). However ...

docket:	a4058-12
court:	NJ Superior Court Appellate Division
decided:	2011-09-18
status:	unpublished
citation:
Document Size:	50194

1550 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 JERSEY STATE OF NEW JERSEY -- rank: 524

... eleven, that imprisonment would cause excessive hardship to his dependents. N.J.S.A. 2C:44-1(b)(11). Defendant was married and had a fourteen-year ... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(b)(11) and N.J.S.A. 2C:44-1(a)(3), (6), (9). Defendant was facing a sentence of ...

docket:	a2224-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-06
status:	unpublished
citation:
Document Size:	36660

1551 STATE OF NEW JERSEY v. ALFONSO NICHOLAS -- rank: 522

... the extent defendant urges further consideration of mitigating factor four, N.J.S.A. 2C:44-1(b)(4), ( " substantial grounds tending to excuse or justify defendant ... has he shown the propriety of applying mitigating factors three, N.J.S.A. 2C:44-1(b)(3)( " defendant acted under strong provocation " ), or five, N.J.S.A. 2C:44-1(b)(5) (the victim's conduct " induced or facilitated " defendant ...

docket:	a0486-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-29
status:	unpublished
citation:
Document Size:	20128

1552 STATE OF NEW JERSEY v. DOMINIC V. MEYER -- rank: 522

... a trial court must identify the relevant aggravating factors of N.J.S.A. 2C:44-1(a) and the relevant mitigating factors of N.J.S.A. 2C:44-1(b), "determine which factors are supported by a preponderance of ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3) and (9). The judge did not place "a ... and defendant particularly likely to respond affirmatively to probationary treatment. N.J.S.A. 2C:44-1(b)(8) and (10). The judge concluded that the aggravating ...

docket:	a3965-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	unpublished
citation:
Document Size:	41432

1553 /usr/local/share/www/libweb/collections/courts/appellate/a2674-18.opn.html -- rank: 522

... him upon release. The sentencing court found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (the risk that defendant will commit another crime); six, N.J.S.A. 2C:44- 1(a)(6) (the extent of defendant's prior criminal record ... the offenses of which defendant has been convicted); and nine, N.J.S.A. 2C:44- 1(a)(9) (the need for deterring defendant and others from ... should have conducted proper investigations and raised mitigating factors four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant's conduct, though failing to establish a defense); ten, N.J.S.A. 2C:44-1(b)(10) (defendant is particularly likely to respond affirmatively to probationary treatment); and twelve, N.J.S.A. 2C:44-1(b)(12) (the willingness of defendant to cooperate with ...

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Document Size:	21607

1554 STATE OF NEW JERSEY v. LEROY MUNROE -- rank: 522

... justify defendant's conduct, though failing to establish a defense), N.J.S.A. 2C:44-1(b)(4), because the altercation resulted from hostility between him ... the defense was the result of circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8). Our review of the trial judge's sentencing ... supra , 200 N.J. at 610 n.1. Affirmed. 1 N.J.S.A. 2C:44-1(a)(3), (6), and (9).

docket:	a4364-08
court:	superior court trial
decided:	2011-03-02
status:	Published
citation:
Document Size:	40257

1555 STATE OF NEW JERSEY v. ALLEN L. SINANAN, JR -- rank: 522

... finding at sentencing of aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9). Those aggravating factors clearly and convincingly outweighed the absence of mitigating factors, N.J.S.A. 2C:44-1(b), and they justified the aggregate sentence of one year ...

docket:	a3012-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	49378

1556 STATE OF NEW JERSEY v. LAMONT LOPER, -- rank: 522

... his cooperation with the police as a mitigating factor under N.J.S.A. 2C:44-1(b)(12), because during the A-1593-18T3 8 stop ... who gave a recorded statement may also be entitled to N.J.S.A. 2C:44-1(b)(12) as a mitigating factor). We do not suggest N.J.S.A. 2C:44- 1(b)(12) can never be considered where a defendant confesses ...

docket:	a1593-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	19144

1557 STATE OF NEW JERSEY v. JOSE M. VEGA -- rank: 522

... following brief comments. The trial court found one aggravating factor, N.J.S.A. 2C:44-1(a)(9), and one mitigating factor, N.J.S.A. 2C:44-1(b)(7). Defendant does not contend that the aggravating factor ...

docket:	a4146-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-16
status:	unpublished
citation:
Document Size:	34865

1558 STATE OF NEW JERSEY v. KEVIN D. ROBERTS -- rank: 522

... defendant appeared for sentencing. Judge Ravin found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense), aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... offense he has been charged with), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring defendant and others from ... violating the law); in addition, he found mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (the willingness of defendant to cooperate with law ...

docket:	a3811-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	22826

1559 STATE OF NEW JERSEY v. G.S. -- rank: 522

... his rationale for finding aggravating factors two, three, and nine. N.J.S.A. 2C:44-1(a)(2), (3) & (9). Factors three and nine required little ... of criminality, and eleven, excessive hardship, should have been considered. N.J.S.A. 2C:44- 1(b)(7), (11). The record reflects that the judge considered ...

docket:	a2070-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Unpublished
citation:
Document Size:	21166

1560 STATE OF NEW JERSEY v. JOEL J. NUNEZ -- rank: 522

... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE[,]' N.J.S.A. 2C:44-1(b)(14), AND BECAUSE THE TRIAL COURT: (1) IMPOSED AN ... the trial judge 'gave great weight' to aggravating factor three, N.J.S.A. 2C:44-1(a)(3), because of the defendant's youth. 249 N ... applied aggravating factor three, as well as aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), in imposing sentence on the manslaughter and robbery convictions and added aggravating factor six, N.J.S.A. 2C:44-1(a)(6), when fixing the sentence on the carjacking conviction ... courts are obligated to apply retroactively this new mitigating factor, N.J.S.A. 2C:44-1(b)(14), an issue pending before our Supreme Court. State ...

docket:	a3145-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-14
status:	Unpublished
citation:
Document Size:	11295