Search Rutgers Law Library N.J. Court Opinions

301 /usr/local/share/www/libweb/collections/courts/appellate/a5864-17.opn.html -- rank: 680

... need to deter him and others from violating the law. N.J.S.A. 2C:44-1(a). In finding these factors, the judge took note of ... not contemplate his conduct 'would cause or threaten serious harm.' N.J.S.A. 2C:44-1(b). While Augustin was only convicted of unlawful possession of ...

docket:
court:
decided:
status:
citation:
Document Size:	113996

302 STATE OF NEW JERSEY v. STEVEN P. RINCK -- rank: 678

... aggravating factors and two mitigating factors: (1) aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk existed that defendant will reoffend); (2) aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... and the seriousness of the offenses); (3) aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others from violating the law); (4) mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment will entail excessive hardship); and (5) mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (the willingness of defendant to cooperate with law ...

docket:	a3708-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	76630

303 /usr/local/share/www/libweb/collections/courts/appellate/a4452-14.opn.html -- rank: 678

... was committed in an especially heinous, cruel [,] or depraved manner[,]' N.J.S.A. 2C:44-1(a)(1); aggravating factor two, '[t]he gravity and seriousness ... incapable of resistance due to . . . ill-health, or extreme youth,' N.J.S.A. 2C:44-1(a)(2); aggravating factor three, '[t]he risk that the defendant will commit another offense[,]' N.J.S.A. 2C:44-1(a)(3); and aggravating factor nine, '[t]he need for deterring the defendant and others from violating the law[,]' N.J.S.A. 2C:44- 1(a)(9). Based on the fact that defendant's two ... A-4452-14T1 history of prior delinquency or criminal activity[,]' N.J.S.A. 2C:44-1(b)(7). However, the judge 'apportion[ed] so much weight ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	73647

304 State of New Jersey v. Marcus Cassady -- rank: 678

... the careful application of statutory aggravating and mitigating factors. Compare N.J.S.A. 2C:44-1(a) (listing enumerated aggravating factors), with N.J.S.A. 2C:44-1(b) (listing enumerated mitigating factors). In the sentencing context, the ... years. N.J.S.A. 2C:43-6(a)(2); N.J.S.A. 2C:44-1(d). In determining to sentence defendant to the very top ...

docket:	a-94-07
court:
decided:	2009-03-11
status:
citation:	198 N.J. 165
Document Size:	103612

305 STATE OF NEW JERSEY v. JEFFREY HOLLAND -- rank: 678

... sentence today.' The judge declined to find aggravating factor one, N.J.S.A. 2C:44-1(a)(1), even though he found defendant's conduct was ... judge found aggravating factors three (the risk defendant will reoffend), N.J.S.A. 2C:44-1(a)(3); six (the extent of defendant's criminal record and the seriousness of the offenses committed), N.J.S.A. 2C:44- 1(a)(6); nine (the need for deterrence), N.J.S.A. 2C:44-1(a)(9); and fourteen (the A-3299-18 17 offense involved an act of domestic violence), N.J.S.A. 2C:44-1(a)(14). The court found no mitigating factors and was ...

docket:	a3299-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	72122

306 STATE OF NEW JERSEY v. CHRISTOPHER A. SMITH -- rank: 678

... three, "[t]he risk that defendant will commit another offense[.]" N.J.S.A. 2C:44-1(a)(3). It found defendant likely to re-offend based ... seriousness of the offenses of which he has been convicted[,]" N.J.S.A. 2C:44-1(a)(6), noting defendant's juvenile record, which reflected delinquency ... for deterring the defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(9). Defendant asserts the trial court should have applied ... factors one, his "conduct neither caused nor threatened serious harm[,]" N.J.S.A. 2C:44-1(b)(1); two, he "did not contemplate that his conduct would cause or threaten serious harm[,]" N.J.S.A. 2C:44-1(b)(2); and three, he "acted under a strong provocation[,]" N.J.S.A. 2C:44-1(b)(3). As the court observed, the discharge of ...

docket:	a0220-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	69425

307 STATE OF NEW JERSEY v. ARIC TAYLOR -- rank: 678

... would commit another offense) and nine (the need to deter). N.J.S.A. 2C:44-1(a)(3) and (9) . He also found mitigating factor seven (defendant's lack of any prior criminal history). N.J.S.A. 2C:44-1(b)(7). He sentenced defendant to nine years imprisonment on ...

docket:	a2046-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-08
status:	unpublished
citation:
Document Size:	127029

308 /usr/local/share/www/libweb/collections/courts/appellate/a5136-17.opn.html -- rank: 678

... was committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9); and the offense involved an act of domestic violence, N.J.S.A. 2C:44-1(a)(14). The judge found one mitigating factor: that defendant ...

docket:
court:
decided:
status:
citation:
Document Size:	53304

309 STATE OF NEW JERSEY v. VICTOR J. MARRERO -- rank: 678

... was committed in an especially heinous, cruel, or depraved manner," N.J.S.A. 2C:44-1(a)(1); (2) "[t]he gravity and seriousness of harm ... incapable of exercising normal physical or mental power of resistance," N.J.S.A. 2C:44-1(a)(2); (3) "[t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); and (9) "[t]he need for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). The court found mitigating sentencing factor (7), that ... period of time before the commission of the present offense," N.J.S.A. 2C:44-1(b)(7), but stated, without explanation, that this factor was ... gravity and seriousness of the harm inflicted upon the victim," N.J.S.A. 2C:44-1(a)(2). In applying aggravating factor (2), the court ...

docket:	a2951-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-27
status:	unpublished
citation:
Document Size:	38186

310 STATE OF NEW JERSEY v. SOLOMON R. WILBORN -- rank: 678

... erred in applying aggravating factors three, six, and nine of N.J.S.A. 2C:44-1(a) at sentencing, as the judge erroneously "based [her] determination ... J. at 365, an appellate court is bound to affirm. N.J.S.A. 2C:44-1 provides in pertinent part, a. In determining the appropriate sentence ... judge then analyzed each of the mitigating factors enumerated in N.J.S.A. 2C:44-1(b), and determined that no mitigating factor was applicable. The ...

docket:	a4317-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	77509

311 STATE OF NEW JERSEY v. ROBERT H. HANKINS -- rank: 678

... excessive, the court incorrectly found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9) based upon defendant's lack of ... 70 (2014). At sentencing, the court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ("nature and circumstances of the offense"); two, N.J.S.A. 2C:44-1(a)(2) ("gravity and seriousness of the harm inflicted on the victim"); three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The court found mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant will compensate the victim), based upon ...

docket:	a5282-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-19
status:	unpublished
citation:
Document Size:	48786

312 STATE OF NEW JERSEY v. ANTWAN J. HORTON -- rank: 678

... 2C:44-3(a). In considering the sentencing criteria under N.J.S.A. 2C:44-1, Judge Caulfield found applicable to defendant aggravating factors three, '[t ... and A-1722-16T3 45 others from violating the law.' N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating factors. N.J.S.A. 2C:44-1(b). Based on her findings, the judge imposed the fourteen ...

docket:	a1722-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	90029

313 /usr/local/share/www/libweb/collections/courts/appellate/a3859-18.opn.html -- rank: 676

... the Initial Sentence. The sentencing judge found aggravating factors one, N.J.S.A. 2C:44- 1(a)(1) (nature and circumstances of the offense); and two, N.J.S.A. 2C:44- 1(a)(2) (gravity and seriousness of harm to the victims ... the offenses. In addition, the judge 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) (defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... Counsel asserted that the court should find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of criminal history); eight, N.J. ...

docket:
court:
decided:
status:
citation:
Document Size:	55344

314 STATE OF NEW JERSEY v. WILLIAM J. SILVERS, III -- rank: 676

... restraining orders. The court found several pertinent aggravating factors: two, N.J.S.A. 2C:44-1(a)(2) (severity of harm to victim); three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (extent and severity of defendant's prior criminal history); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The court identified no mitigating ...

docket:	a2353-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:	Published
citation:
Document Size:	63247

315 STATE OF NEW JERSEY v. JONATHAN F. RAMOS-PIEDRAHITA -- rank: 676

... the court to sentence defendant one grade lower pursuant to N.J.S.A. 2C:44-1(f)(2). He argued defendant was intoxicated and emotional at ... The trial judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9). In finding aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk defendant would commit another offense), the ... a previous aggravated assault. She found that aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant’s prior criminal ... cited for the judge's finding of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ... violating the law). The judge also found mitigating factor nine, N.J.S.A. 2C:44-1(b)(9)("the character and attitude of the defendant ...

docket:	a5384-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	53373