Search Rutgers Law Library N.J. Court Opinions

391 STATE OF NEW JERSEY v. RONRAY L. HARRIS -- rank: 662

... one, that defendant's conduct did not cause serious harm, N.J.S.A. 2C:44-1(b)(1), and eleven, that the imprisonment of the defendant would entail excessive hardship to his family, N.J.S.A. 2C:44-1(b)(11), should have been found. He contends the undue ... adjudications, the judge found aggravating factors three, risk of recidivism, N.J.S.A. 2C:44-1(a)(3); six, the extent of the defendant's prior ... seriousness of the crimes of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter, N.J.S.A. 2C:44- 1(a)(9), and no mitigating factors. As to the mitigating ...

docket:	a3745-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-14
status:	Unpublished
citation:
Document Size:	27679

392 STATE OF NEW JERSEY v. RICKY WILLIAMS -- rank: 662

... trial court found applicable: aggravating factor three, risk of recidivism, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's ... record and the seriousness of the crimes he has committed, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). Additionally, the court found mitigating factor eleven applied ... because defendant's incarceration would cause hardship to his dependents. N.J.S.A. 2C:44-1(b)(11). After merger, defendant was sentenced to an aggregate ...

docket:	a3960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-07
status:	unpublished
citation:
Document Size:	70450

393 STATE OF NEW JERSEY v. GREGORY WILLIAMS -- rank: 660

... three aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. After merging ... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... aggravating factors: (1) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); (2) the extent of defendant's prior criminal record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6); and (3) the need for deterrence (factor ...

docket:	a4562-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-04
status:	Published
citation:
Document Size:	65012

394 STATE OF NEW JERSEY v. ERIC CLEMENTE RANGEL -- rank: 660

... the judge found aggravating factors one, three and nine applied, N.J.S.A. 2C:44-1(a)(1), (3) and (9), and set forth his reasons ... number seven applicable as defendant had no prior criminal history. N.J.S.A. 2C:44-1(b)(7). Noting that defendant was twenty years old at ...

docket:	a2051-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-22
status:	published
citation:	422 N.J. Super. 1 25 A.3d 1183
Document Size:	39811

395 STATE OF NEW JERSEY v. CORNELIUS C. UTLEY -- rank: 660

... two and reversed her earlier determination that aggravating factor eight, N.J.S.A. 2C:44-1(a)(8), applied. The judge did not otherwise modify the ... stolen motor vehicle during the commission of the crime). 2 N.J.S.A. 2C:44-1(a)(3), (6), (9) and (13). The judge found no ... incarceration will impose an excessive hardship on defendant's family), N.J.S.A. 2C:44-1(b)(11), applies. In reviewing a " sentence challenged for excessiveness ... eight (the offense was committed against a law enforcement officer), N.J.S.A. 2C:44-1(a)(8), was improperly found by the judge. However, the ...

docket:	a3831-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-23
status:	unpublished
citation:
Document Size:	45575

396 STATE OF NEW JERSEY v. JAZIER CEDENO -- rank: 660

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of his prior criminal record and ... the seriousness of the offense for which he was convicted, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. He concluded ... court balances the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... cause or threaten serious harm and did not do so, N.J.S.A. 2C:44-1(b)(1) and (2); the conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8); his character is such that another offense ...

docket:	a1689-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-06
status:	unpublished
citation:
Document Size:	35889

397 STATE OF NEW JERSEY v. LAWRENCE P. PRICE -- rank: 660

... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44-1(b)(14), AND BECAUSE THE TRIAL COURT ERRED IN ITS ... period of time before the commission of the present offense,' N.J.S.A. 2C:44-1(b)(7), and requested the judge impose concurrent terms and ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and nine, '[t]he need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9). In support of aggravating factor three, the State ... age at the time of the commission of the offense,' N.J.S.A. 2C:44-1(b)(14). We disagree. Absent an independent basis to remand ...

docket:	a4775-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-26
status:	Unpublished
citation:
Document Size:	67773

398 STATE OF NEW JERSEY v. KALIL COOPER -- rank: 660

... the offenses, and the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(3), (6), (9). The A-4975-18 32 court ...

docket:	a4975-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Unpublished
citation:
Document Size:	64154

399 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 660

... that applied: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge determined that no mitigating factors applied ... determining the length of the sentence for that offense, see N.J.S.A. 2C:44-1(a)(2), but it is not ordinarily a basis for ... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); the gravity of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); risk of re-offending, N.J.S. ...

docket:	a1200-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	28830

400 STATE OF NEW JERSEY v. ISRAEL HIRALDO -- rank: 660

... be considered in withholding or imposing a sentence of imprisonment.' N.J.S.A. 2C:44-1(c)(1). The prohibition of imposing a 'trial-penalty' has ... Defendant claims the judge erred in finding aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (specific and general deterrence), substantially outweighed the applicable mitigating factors, factor seven, N.J.S.A. 2C:44-1(b)(7) (no criminal history) and factor fourteen, N.J.S.A. 2C:44-1(b)(14) (youth). Defendant further contends the judge erred in ...

docket:	a2599-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	45422

401 STATE OF NEW JERSEY v. JOSE A. ROMERO-AGUIRRE -- rank: 660

... CURIAM This appeal presents one issue for our consideration: whether N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes ... is entitled to resentencing given the Legislature's amendment of N.J.S.A. 2C:44-1(b) to include youth as a mitigating factor to be ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). 4 A-1326-19 Whether a newly enacted ... alterations in original) (quoting James, 216 N.J. at 564). N.J.S.A. 2C:44-1(b)(14) is not curative because it did not remedy ... J. Super. 29, 45 (App. Div. 2021), despite finding that N.J.S.A. 2C:44-1(b) is ameliorative, we reasoned that where there is no ... 86 N.J. at 522-23). The plain language of N.J.S.A. 2C:44-1(b)(14) states, '[t]his act shall take effect ...

docket:	a1326-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-24
status:	Unpublished
citation:
Document Size:	21289

402 STATE OF NEW JERSEY v. DWAYNE N. WAKEFIELD -- rank: 658

... court found, and ascribed significant weight to aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense') and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... and assigned 'more than moderate-weight' to aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ...

docket:	a0484-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53988

403 STATE OF NEW JERSEY v. MICHELLE PADEN-BATTLE -- rank: 658

... 10 For example, the judge applied both aggravating factor six, N.J.S.A. 2C:44- 1(a)(6), which allows a sentencing judge to consider '[t ... which [s]he has been convicted,' and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), which allows the court to consider that the ... including defendant's argument that by applying aggravating factor three, N.J.S.A. 2C:44-1(a)(3), which allows for consideration A-1320-17T4 34 ... on which the judge relied in finding aggravating factor five, N.J.S.A. 2C:44-1(a)(5), which allows the judge to consider the substantial ...

docket:	a1320-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-16
status:	Published
citation:
Document Size:	64149

404 STATE OF NEW JERSEY v. GREGORY GREENE -- rank: 658

... felony murder, and found aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); -1(a ... from violating the law). The court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal record). The court determined ... murder. The court found aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); -1(a ... violating the law). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal record). The court determined ...

docket:	a3374-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-30
status:	unpublished
citation:
Document Size:	84313

405 /usr/local/share/www/libweb/collections/courts/appellate/a3387-11xx.opn.html -- rank: 658

... felony murder, and found aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); -1(a ... from violating the law). The court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal record). The court determined ... murder. The court found aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); -1(a ... violating the law). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal record). The court determined ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	83353