Search Rutgers Law Library N.J. Court Opinions

1831 STATE OF NEW JERSEY v. MAUREEN KELLY -- rank: 486

... drug dependency" did not "justify or excuse" her conduct under N.J.S.A. 2C:44-1(b)(4)("substantial grounds tending to excuse or justify the ...

docket:	a0480-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-21
status:	unpublished
citation:
Document Size:	29075

1832 STATE OF NEW JERSEY v. ROBERT SABATINI -- rank: 486

... has led a law abiding life) was not applicable. See N.J.S.A. 2C:44-1(b)(7). We affirm the sentence for the reasons stated ...

docket:	a1740-12
court:	New Jersey Superior Court Appellate Division
decided:	2016-11-11
status:	Published
citation:
Document Size:	61706

1833 STATE OF NEW JERSEY v. SEAN MALCOLM -- rank: 486

... to consider mitigating factors four, seven, nine, eleven and thirteen. N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ...

docket:	a3602-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-17
status:	Unpublished
citation:
Document Size:	16418

1834 STATE OF NEW JERSEY v. ANDREW T. MILLER -- rank: 486

... Judge DeLury found aggravating factors three, six and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (the seriousness ...

docket:	a4020-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	24196

1835 STATE OF NEW JERSEY v. ADEL MIKHAEIL -- rank: 486

... any period of parole ineligibility. The judge found aggravating factors N.J.S.A. 2C:44-1(a) (3), the risk defendant will commit another offense, and N.J.S.A. 2C:44-1(a) (9), the need to deter this defendant and others ... from violating the law; the judge also found mitigating factors N.J.S.A. 2C:44-1(b) (2), defendant did not contemplate his conduct would or could cause serious harm, and N.J.S.A. 2C:44-1(b) (7), A-2381-16T1 4 defendant did not have ...

docket:	a2381-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-31
status:	Unpublished
citation:
Document Size:	15742

1836 STATE OF NEW JERSEY v. RICKY ROMAN -- rank: 486

... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a0290-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-07
status:	unpublished
citation:
Document Size:	39767

1837 STATE OF NEW JERSEY v. MARK AQUILINA 14, 2010 - -- rank: 486

... and that the aggravating factors outweighed the mitigating factors. See N.J.S.A. 2C:44-1. The court reasoned as follows: In terms of aggravating factors ...

docket:	a4151-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	60623

1838 STATE OF NEW JERSEY v. JOHN N. MAHONEY -- rank: 486

... to identify applicable aggravating or mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b). Consequently, deliberating jurors are not permitted to ... 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" and "[t ...

docket:	a5320-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-22
status:	published
citation:	444 N.J.Super. 253 132 A.3d 1264
Document Size:	32195

1839 STATE OF NEW JERSEY v. WILLY MINAYA -- rank: 486

... that mitigating factor eleven (hardship to dependents) was inapplicable. See N.J.S.A. 2C:44-1(b)(11). The judge did not consider non-statutory aggravating ... rejecting mitigating factor eight or for applying aggravating factor three. N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur); N.J.S.A. 2C:44-1(a)(3) (risk of re-offense). 9 A-2854-15T3 ...

docket:	a2854-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-27
status:	unpublished
citation:
Document Size:	31208

1840 STATE OF NEW JERSEY v. FUQUAN MOORE -- rank: 486

... that it was error for Judge Cassini to find that N.J.S.A. 2C:44-1(a)(3), (6), and (9) applied, and to conclude that ... present. Specifically, he urges the existence of mitigating factors twelve, N.J.S.A. 2C:44-1(b)(12) (cooperation with law enforcement) and two N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ...

docket:	a2400-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-27
status:	unpublished
citation:
Document Size:	23236

1841 STATE OF NEW JERSEY v. JARRED D. WIGGINS -- rank: 484

... imprisonment would entail an excessive hardship on defendant's children. N.J.S.A. 2C:44- 1(b)(11). 'The sentencing court is required to consider evidence ...

docket:	a2048-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-21
status:	unpublished
citation:
Document Size:	45757

1842 STATE OF NEW JERSEY v. NERI R. SANCHEZ, -- rank: 484

... were substantial grounds tending to excuse or justify his conduct, N.J.S.A. 2C:44-1(b)(4). He asked for mitigating factor four because he ... 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 judge also considered mitigating factors but found ...

docket:	a4236-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-02
status:	Unpublished
citation:
Document Size:	24091

1843 STATE OF NEW JERSEY v. RICHARD HOLMES -- rank: 484

... one, that his conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1), as well as factor two, that he did ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Defendant's possession of a handgun was a ... the loss to his children of his support while incarcerated, N.J.S.A. 2C:44-1(b)(11). That loss is experienced by every child whose ...

docket:	a3346-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	25917

1844 STATE OF NEW JERSEY v. MIGUEL RIVERA-RAMOS -- rank: 484

... a history of juvenile delinquency. In weighing the factors in N.J.S.A. 2C:44-1, a sentencing judge must always focus on the severity of ... years, with two and one half years of parole ineligibility. N.J.S.A. 2C:44-1, the Code implicitly reserves the maximum sentence for an offender ... judge erred in not finding mitigating factors (1) and (2), N.J.S.A. 2C:44-1. State v. Dalziel , 182 N.J. 494 , 505 (2005). In ...

docket:	a4656-07
court:
decided:	2009-06-12
status:	Unpublished
citation:
Document Size:	31542

1845 STATE OF NEW JERSEY v. JACQUIM LOVELY -- rank: 484

... need to deter the defendant and the risk of reinvolvement[,]" N.J.S.A. 2C:44-1(a)(3), (9), but no mitigating factors. On this score ...

docket:	a4179-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-27
status:	unpublished
citation:
Document Size:	21752