Search Rutgers Law Library N.J. Court Opinions

346 STATE OF NEW JERSEY v. HASSAN SHOULARS -- rank: 671

... Before imposing the sentence, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will re-offend), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The judge found no mitigating ... Defendant argues the judge should have applied mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (no serious harm); two, N.J.S.A. 2C:44-1(b)(2) (no contemplation of serious harm); and eleven, N.J.S.A. 2C:44-1(b)(11) (excessive hardship to dependents). Defendant argues factors one ... defendant threatened and understood his conduct would threaten serious harm. N.J.S.A. 2C:44-1(b)(1), (2). Stealing a car is also a ...

docket:	a1669-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-01
status:	unpublished
citation:
Document Size:	41032

347 STATE OF NEW JERSEY v. CARL J. HOLDREN -- rank: 671

... court erred in finding aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), or in failing to find ...

docket:	a5071-13
court:	NJ Superior Court Appellate Division
decided:	2017-09-01
status:	unpublished
citation:
Document Size:	101981

348 STATE OF NEW JERSEY v. RICARDO PEREZ -- rank: 669

... S.A. 2C:43-6.2, 'the sentencing court, applying N.J.S.A. 2C:44-1 and other pertinent provisions of the Code, exercises its discretion ... degree offense, 'which directly implicates the presumption of incarceration under N.J.S.A. 2C:44-1(d).' Defendant argues that in N.J.S.A. 2C ... a specific exemption to the 'inflexible presumption' of incarceration in N.J.S.A. 2C:44-1(d). However, in Nance, which was decided after defendant filed ... held that '[t]he presumption of incarceration set forth in N.J.S.A. 2C:44- 1(d) should apply when an assignment judge or his or ... the sentencing judge. Here, Judge Bariso found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... judge found only mitigating factor 15 A-0459-16T3 seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior history of delinquency ...

docket:	a0459-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	61006

349 STATE OF NEW JERSEY v. JAMES M. DAVIS -- rank: 669

... six (prior criminal record), and nine (need for deterrence) applied. N.J.S.A. 2C:44-1(a)(3); -1(a)(6); -1(a)(9). The judge ... factors affecting sentence'). Fifteen aggravating factors are set forth in N.J.S.A. 2C:44-1(a), and fourteen mitigating factors are set forth in N.J.S.A. 2C:44-1(b). '[A] trial court should identify the relevant aggravating and ... the judge erred in rejecting without consideration mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), that imprisonment would A-3480-20 21 cause ...

docket:	a3480-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-02
status:	Unpublished
citation:
Document Size:	47740

350 STATE OF NEW JERSEY v. NANCY CAVANAUGH -- rank: 669

... to determine the term of defendant's sentence, pursuant to N.J.S.A. 2C:44-1. As for the aggravating factors, the judge made the following findings and determinations: Aggravating factor three [N.J.S.A. 2C:44-1(a)(3)] applies and has moderate weight. There is a ... risk this defendant will commit another offense. Aggravating factor nine [N.J.S.A. 2C:44-1(a)(9)] applies and has the greatest weight. There is ... or]s urged by the defendant. Specifically[,] mitigating factor two [ N.J.S.A. 2C:44- 1(b)(2)]. The defendant did not contemplate that her conduct would cause or threaten serious harm. Mitigating factor seven [N.J.S.A. 2C:44-1(b)(7)]; defendant's lack of record. Mitigating factor eight [N.J.S.A. 2C:44-1(b)(8)]; the defendant is unlikely to repeat the ...

docket:	a1780-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-22
status:	Unpublished
citation:
Document Size:	24889

351 /usr/local/share/www/libweb/collections/courts/appellate/a5462-17.opn.html -- rank: 669

... 364-65 (1984)).] Here, the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of prior delinquency or ... trial court erred by refusing to find mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct the result of circumstances unlikely to recur); and mitigating factor nine, N.J.S.A. 2C:44- 1(b)(9) (defendant's character and attitude indicate he is ... the court erred by refusing to find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment would entail excessive hardship ...

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Document Size:	51987

352 STATE OF NEW JERSEY v. LATONIA E. BELLAMY -- rank: 669

... aggravating factors one and nine, and factor seven in mitigation. N.J.S.A. 2C:44-1(a)(1), (9); 2C:44-1(b)(7). Prior to ... the parties submitted their briefs in 2020, the Legislature enacted N.J.S.A. 2C:44-1(b)(14)—a new mitigating factor—that embodied an ... six years of age at the time of the crime. N.J.S.A. 2C:44-1(b)(14). Because defendant was convicted and twice sentenced before ... 19 mitigating factor must be included with the rest of N.J.S.A. 2C:44-1 at defendant's resentence. The savings statute codifies the general ... 2020).] Unquestionably, the Legislature wanted to fill a void in N.J.S.A. 2C:44-1(b) by making a convicted person's youth a standalone ... to effect a 'reduction of a criminal penalty[,]' thereby rendering N.J.S.A. 2C:44-1(b) ameliorative. Ibid. The lack of finality in defendant' ...

docket:	a0502-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-17
status:	Published
citation:
Document Size:	49121

353 STATE OF NEW JERSEY v. MONAUD TOUSSAAINT -- rank: 669

... a finding by the sentencing judge on mitigating factor four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ... a lawful wiretap.' The sentencing judge found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (risk that defendant will commit another offense); five, N.J.S.A. 2C:44- - 1(a)(5) (substantial likelihood defendant is engaged in organized criminal activity); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... The judge found that aggravating factor six did not apply, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... defendant and his wife, the judge found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment would entail excessive hardship ...

docket:	a1219-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-03
status:	Unpublished
citation:
Document Size:	24457

354 STATE OF NEW JERSEY v. DONALD HARRIS -- rank: 669

... excessive. In this case, 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) (extent of defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the judge erred by failing to find mitigating factor one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten serious harm); and mitigating factor two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ...

docket:	a3703-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-21
status:	unpublished
citation:
Document Size:	58814

355 STATE OF NEW JERSEY v. MARCOS R. BLANDINO -- rank: 667

... COURT ERRED IN APPLYING AGGRAVATING SENTENCING FACTORS ONE AND TWO[, N.J.S.A. 2C:44-1(a)(1) and (2)]. A-5901-17 5 For the ... term on each conviction by improperly finding aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense), and two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of harm to the ... judge found aggravating factors one, two, three, and nine. See N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense); (a ... deter defendant and others). The judge contemplated mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (the absence of a prior criminal record), but ...

docket:	a5901-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:	Unpublished
citation:
Document Size:	45723

356 STATE OF NEW JERSEY v. JOHN LAWLESS -- rank: 667

... its sentencing of defendant, the court found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of harm inflicted on ... factors three, the risk that defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal ... seriousness of the offense of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Lawless , supra , 214 N.J. at 604. As ... criminal offense, aggravated manslaughter, . . . the sole 'victim' for purposes of N.J.S.A. 2C:44-1(a)(2) was the deceased driver." Lawless , supra , 214 N ... daughter . . . may be relevant to the court's application of N.J.S.A. 2C:44-1(a)(1), subject to the principle that sentencing courts ...

docket:	a0830-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-11
status:	unpublished
citation:
Document Size:	26262

357 STATE OF NEW JERSEY v. AZIKWA RUSTIN STATE OF NEW JERSEY v. ALQUAN HARRIS STATE OF NEW JERSEY v. JOSEPH N. WRIGHT, a/k/a NORMAN BLACK, and CURTIS GORDON -- rank: 667

... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A.] 2C:44-1(a) and (b).' Roth, 95 N.J. at 359; State ...

docket:	a2241-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	48508

358 STATE OF NEW JERSEY v. ARCADIO J. NOVA -- rank: 667

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). The judge found ... judge's finding that mitigating factor eleven did not apply. N.J.S.A. 2C:44- 1(b)(11) (defendant's imprisonment will cause excessive hardship to ...

docket:	a1915-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	61883

359 STATE OF NEW JERSEY v. SAAD A. SAAD, -- rank: 667

... of imprisonment generally not applicable to a third- degree crime. N.J.S.A. 2C:44-1(d) and (e). The degree of a crime is an ...

docket:	a4124-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-27
status:	Published
citation:
Document Size:	32972

360 STATE OF NEW JERSEY v. JASON MOLINA -- rank: 667

... mitigating factor. Specifically, the court found present aggravating factors: one, N.J.S.A. 2C:44-1(a)(1) (a crime committed in an 'especially heinous, cruel, or depraved manner'); two, N.J.S.A. 2C:44-1(a)(2) (the 'gravity and seriousness of the harm inflicted on the victim'); three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will reoffend); and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter the defendant and others ... found those aggravating factors 'substantially outweigh[ed]' mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14) (an offense by a person under the age ... and, simultaneously, to apply to his benefit mitigating factors three, N.J.S.A. 2C:44-1(b)(3) (acting 'under a strong provocation'); four, N. ...

docket:	a1453-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-30
status:	Unpublished
citation:
Document Size:	24285