Search Rutgers Law Library N.J. Court Opinions

1741 STATE OF NEW JERSEY v. EVILE MALBRANCHE -- rank: 502

... trial judge found applicable aggravating factors one, three and nine, N.J.S.A. 2C:44-1(a)(1), (3) and (9), and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). He also found that the aggravating factors "far ... that there is a "risk" he "will commit another offense." N.J.S.A. 2C:44-1(a)(3). In this case, the trial judge provided his ...

docket:	a1026-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-08
status:	unpublished
citation:
Document Size:	23876

1742 STATE OF NEW JERSEY v. ELEX HYMAN -- rank: 502

... deterring the defendant and others from violating the law"). See N.J.S.A. 2C:44-1(a)(3), (6), and (9). The court did not find ... would entail excessive hardship to himself or his dependents"). See N.J.S.A. 2C:44-1(b)(7), (11). Defendant did not show that his children ...

docket:	a3741-13
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	published
citation:	451 N.J.Super. 429 168 A.3d 1194
Document Size:	106556

1743 STATE OF NEW JERSEY v. ANDREW GRANDISON -- rank: 502

... in fines and assessments, the MCJ applied aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense), six, N.J.S.A. 2C:44-1(a)(6) (prior criminal record and seriousness of offense), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The MCJ also applied mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or ...

docket:	a2721-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	unpublished
citation:
Document Size:	45075

1744 STATE OF NEW JERSEY v. DANTE L. ALEXANDER -- rank: 499

... and the sentencing court should have considered additional mitigating factors N.J.S.A. 2C:44-1(b)(3) and (4). These arguments also lack merit. Trial ...

docket:	a1491-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-09
status:	Unpublished
citation:
Document Size:	30559

1745 STATE OF NEW JERSEY v. JAHAAN USRY -- rank: 499

... judge weighed applicable aggravating and mitigating factors in accordance with N.J.S.A. 2C:44-1(a) and (b) to impose the appropriate sentence. Even more ...

docket:	a2560-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	32301

1746 STATE OF NEW JERSEY v. GREGORY KELLY -- rank: 499

... court found aggravating factors two, three, six, nine, and twelve. N.J.S.A. 2C:44-1(a)(2), (3), (6), (9), and (12). The judge did not find any mitigating factors. See N.J.S.A. 2C:44-1(b). The judge commented that in light of the aggravating ...

docket:	a3334-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-05
status:	unpublished
citation:
Document Size:	34754

1747 STATE OF NEW JERSEY v. ANGEL HERNANDEZ, -- rank: 499

... Defendant contends that the judge misapplied the aggravating factors in N.J.S.A. 2C:44-1(a). Specifically, defendant argues that the judge could not find ... v. Pierce , 188 N.J. 155 , 166 (2006). Pursuant to N.J.S.A. 2C:44-1(a)(3), a sentencing judge may consider “[t]he ...

docket:	a5816-07
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	35450

1748 STATE OF NEW JERSEY v. MARK'QUET STEVENSON a/k/a MARQUETT STEVENSON -- rank: 499

... 3(e)(2). The trial court 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 ... the offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). The court found no mitigating ... in his sentencing as a second-degree offender pursuant to N.J.S.A . 2C:44-1(f)(2). The judge did not misapprehend or misapply the ...

docket:	a1509-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-14
status:	unpublished
citation:
Document Size:	19342

1749 State v. Michael Soricelli -- rank: 499

... second-degree offense which carries a presumption of incarceration [under N.J.S.A. 2C:44-1(d)], extremely difficult if not impossible to overcome in this ... Program for first- and second-degree offenders is inconsistent with N.J.S.A. 2C:44-1(d)). Accordingly, we hold that on remand a custodial sentence ...

docket:	a-142-97
court:	njsupreme
decided:	1999-01-11
status:
citation:	156 N.J. 525
Document Size:	39280

1750 STATE OF NEW JERSEY v. DIEDRA DENIERE CLARKE -- rank: 499

... existence of a criminal record, and the need to deter. N.J.S.A. 2C:44-1. In addition, Robinson was ordered to pay a $3,000 ... mitigating factor was that Clarke had no prior indictable record, N.J.S.A. 2C:44-1, which the judge found was outweighed by the aggravating factors ...

docket:	a4307-03
court:	njappellate
decided:	2006-02-07
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60979

1751 STATE OF NEW JERSEY v. LAKESHA P. JONES -- rank: 499

... or justified her conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); and mitigating factor eight, due to successful rehabilitation her conduct was unlikely to recur, N.J.S.A. 2C: 44-1(b)(8). Lastly, the court rejected defendant's motion to ...

docket:	a0746-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-28
status:	unpublished
citation:
Document Size:	28538

1752 STATE OF NEW JERSEY v. JAMES D. JETER -- rank: 499

... cooperated fully with police, warranting a finding of mitigating factor N.J.S.A. 2C:44-1(b)(12). 2 He argues that "a qualitative assessment of ...

docket:	a3294-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	23973

1753 STATE OF NEW JERSEY v. FRANCES H. LESZCZYNSKI -- rank: 499

... the range of ordinary terms based on degree of crime); N.J.S.A. 2C:44-1(d) (establishing a presumption of imprisonment for first and second-degree convictions); N.J.S.A. 2C:44-1(e) (establishing a presumption of non-incarceration for third and ...

docket:	a3653-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-05
status:	Unpublished
citation:
Document Size:	23924

1754 STATE OF NEW JERSEY v. PHILIP CHERRY -- rank: 499

... aggravating factors (3), (6), and (9) and no mitigating factors. N.J.S.A. 2C:44-1. Moreover, the judge declined to grant the State's motion ...

docket:	a6059-05
court:	njappellate
decided:	2008-02-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	72719

1755 STATE OF NEW JERSEY v. MARK BOND -- rank: 499

... all that history." Consequently, the judge found that aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and ... be applicable as well. The judge found that mitigating factor N.J.S.A. 2C:44-1(b)(10) (amenability to probation) no longer had any application ... judge to weigh the aggravating and mitigating factors enumerated in   N.J.S.A. 2C:44-1(a)   and   (b) . State v. Clarke , 203 N.J. 166 ...

docket:	a3694-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-13
status:	unpublished
citation:
Document Size:	16032