Search Rutgers Law Library N.J. Court Opinions

1996 STATE OF NEW JERSEY v. DAWN A. PARKER -- rank: 458

... the defendant's conduct, though failing to establish a defense.' N.J.S.A. 2C:44-1(b)(4). As a domestic violence survivor, defendant argues her ...

docket:	a5375-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-09
status:	Published
citation:
Document Size:	25718

1997 STATE OF NEW JERSEY v. ELIAH HAWKINS -- rank: 458

... balanced the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and – 1(b), it 'may impose a term ... sentence. She found no mitigating factors and one aggravating factor, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... L. 2020, c. 110 (eff. Oct. 19, 2020), which amended N.J.S.A. 2C:44-1(b) by adding the defendant's youth (i.e., less ...

docket:	a3707-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Unpublished
citation:
Document Size:	12123

1998 STATE OF NEW JERSEY v. AMIR H. JEFFERSON -- rank: 458

... which he was convicted; and nine, the need to deter, N.J.S.A. 2C:44-1(a)(2), (3), (6) and (9), and no mitigating factors ...

docket:	a0789-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	22048

1999 STATE OF NEW JERSEY v. CARLOS SANTIAGO -- rank: 458

... Pennsylvania. The judge found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3) (risk that defendant will re-offend); (6) (extent ... defendant argued that mitigating factors eight, nine, and eleven applied. N.J.S.A. 2C:44-1(b)(8) (conduct not likely to recur); (9) (defendant's ...

docket:	a4539-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-10
status:	unpublished
citation:
Document Size:	38253

2000 STATE OF NEW JERSEY v. CONOR R. MAHONEY -- rank: 458

... Here, the sentencing judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factors one, two, six, and ten, N.J.S.A. 2C:44-1(b)(1), (2), (6) and (10). The judge articulated the ...

docket:	a3251-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	18138

2001 STATE OF NEW JERSEY v. LONNIE E. SWARNES -- rank: 458

... adequately argue at sentencing in support of mitigating factor four, N.J.S.A. 2C:44-1(b)(4) — '[t]here were substantial grounds tending to ... are substantial grounds tending to excuse or justify his conduct, N.J.S.A. 2C:44-1(b)(4). Counsel expressly relied on information gleaned from records ...

docket:	a0874-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-21
status:	Unpublished
citation:
Document Size:	42033

2002 STATE OF NEW JERSEY v. JALONN LASSITER -- rank: 458

... court must retroactively apply to him mitigating sentencing factor fourteen, N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under ... the Court is whether, and if so, to what extent, N.J.S.A. 2C:44-1(b)(14) applies retroactively. Unless and until such time that ...

docket:	a4678-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	12786

2003 STATE OF NEW JERSEY v. LASHAUN SMITH -- rank: 458

... 2019, the court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and no factors in mitigation ... s Office. A-3029-18T4 12 defense, provides some explanation. N.J.S.A. 2C:44-1(b)(4). On the other hand, the judge may conclude ...

docket:	a3029-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-28
status:	Unpublished
citation:
Document Size:	22934

2004 STATE OF NEW JERSEY v. MACK WILLIAMS -- rank: 455

... three (risk of re-offense) and nine (need to deter), N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factors six (defendant will compensate victims) 2 and seven (no prior criminal history), N.J.S.A. 2C:44-1(b)(6) and (7), or in finding the mitigating factors ... medication," the court should also have found mitigating factor (4) N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ...

docket:	a6177-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-23
status:	Published
citation:
Document Size:	37385

2005 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: 455

... judge found three aggravating factors, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3), the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6), and the need for deterrence, N.J.S.A. 2C:44-1(a)(9), while also finding one mitigating factor, defendant's addiction, N.J.S.A. 2C:44-1(b)(4). Defendant's only challenge to the sentence is ...

docket:	a0865-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-18
status:	unpublished
citation:
Document Size:	23452

2006 STATE OF NEW JERSEY v. WILLIAM THOMAS -- rank: 455

... 1 "Factor ten" refers to the mitigating factor found in N.J.S.A. 2C:44-1(b)(10): "The defendant is particularly likely to respond affirmatively to probationary treatment." 2 See N.J.S.A. 2C:44-1(a)(3); -1(a)(6); -1(a)(9). 3 The ...

docket:	a0306-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-10
status:	unpublished
citation:
Document Size:	19289

2007 STATE OF NEW JERSEY v. MARIA RIVERA -- rank: 455

... COURT SENTENCE DEFENDANT AS A SECOND DEGREE OFFENDER PURSUANT TO N.J.S.A. 2C:44-1(f)(2). D. APPELLATE COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL ... court sentence her as a second-degree offender, pursuant to N.J.S.A. 2C:44-1(f)(2). We disagree. N.J.S.A. 2C:44-1(f)(2) provides: In cases of convictions for crimes of ...

docket:	a0499-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-11
status:	unpublished
citation:
Document Size:	34882

2008 STATE OF NEW JERSEY v. BRIAN A. DELLO -- rank: 455

... failed to properly recalibrate the aggravating and mitigating factors under N.J.S.A. 2C:44-1 before automatically imposing the sentence for a violation of probation ...

docket:	a3467-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-23
status:	unpublished
citation:
Document Size:	16185

2009 STATE OF NEW JERSEY v. PAWEL S. PIECHACZEK -- rank: 455

... defendant's prior criminal record), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(3), (6), and (9). The court also found mitigating factor eleven (imprisonment would entail excessive hardship), N.J.S.A. 2C:44- 1(b)(11), and that the aggravating factors outweighed the mitigating ...

docket:	a0823-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-23
status:	Unpublished
citation:
Document Size:	29953

2010 STATE OF NEW JERSEY v. LIZCETT ALMODOVAR -- rank: 455

... substantially influenced by another person more mature than the defendant. [ N.J.S.A. 2C:44-1(b).] The sentencing judge applied factors (7) and (12). Factors ... The judge's determination that aggravating factors (3) and (9), N.J.S.A. 2C:44-1(a)(3) and (9), were applicable, which was supported by ...

docket:	a5045-08
court:	superior court appellate division
decided:	2011-02-16
status:	unpublished
citation:
Document Size:	33090