Search Rutgers Law Library N.J. Court Opinions

421 STATE OF NEW JERSEY v. ELLIOTT WRIGHT TAYLOR -- rank: 656

... right pursuant to Rule 2:3- 1(b)(6) and N.J.S.A. 2C:44-1(f)(2), raising a single point for our consideration: A ... Div. 2005). In this case, the State appeals pursuant to N.J.S.A. 2C:44-1(f)(2), which authorizes an appeal when the trial court ... qualitatively weighing the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b). See State v. Case, 220 N.J ... defendant's overall character or contributions to the community' under N.J.S.A. 2C:44-1(f)(2). State v. Lake, 408 N.J. Super. 313 ... use of a stolen vehicle in commission of the crime). N.J.S.A. 2C:44-1(a)(3), (6), (9), and (13). The judge placed 'a ... committed when defendant was under the age of twenty-six). N.J.S.A. 2C:44-1(b)(1), (2), (4), (9), (11), and (14). The ...

docket:	a0901-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	39163

422 /usr/local/share/www/libweb/collections/courts/appellate/a4010-17.opn.html -- rank: 656

... the judge 'erred in failing to consider mitigating factor [eleven,] N.J.S.A. 2C:44-1(b)(11),' based on the hardship his incarceration would cause ... On the other hand, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of . . . A-4010-17T4 51 ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring . . . defendant and others ...

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423 STATE OF NEW JERSEY v. S.B -- rank: 656

... We disagree. Here, the trial 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 ... 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 the law). The judge also found mitigating factor four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ...

docket:	a1235-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-27
status:	Unpublished
citation:
Document Size:	49417

424 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 656

... offense committed in an especially heinous, cruel, or depraved manner), N.J.S.A. 2C:44- 1(a)(1); three (risk defendant will commit another offense), N.J.S.A. 2C:44- 1(a)(3); and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9); and mitigating factor seven (defendant has no history of prior delinquency or criminal activity), N.J.S.A. 2C:44-1(b)(7). Defendant was sentenced in accordance with the plea ...

docket:	a3942-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-26
status:	Unpublished
citation:
Document Size:	45318

425 STATE OF NEW JERSEY v. WOODROW MILLER -- rank: 656

... 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."  State v ... abuse his discretion by sentencing defendant. He found aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk of reoffending), N.J.S.A. 2C:44-1(a)(6) (extent of defendant's criminal record), and N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The judge also made the ...

docket:	a0124-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-04
status:	unpublished
citation:
Document Size:	51516

426 STATE OF NEW JERSEY v. URIE RIDGEWAY -- rank: 656

... extent t hat [defendant] has the ability to pay,' see N.J.S.A. 2C:44-1(b)(6), and to defendant's lifetime struggle with 'drug ... the offense . . . he was not eligible for drug court.' See N.J.S.A. 2C:44-1(b)(4). Additionally, in mitigation, defense counsel asserted that defendant ... but that turned out not to be the case. See N.J.S.A. 2C:44-1(b)(2). The judge sentenced defendant in accordance with the ... mitigating factors' and aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); N.J.S.A. 2C:44- - 1(a)(6) ('[t]he extent of the defendant's prior ... seriousness of the offenses of which he has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant ...

docket:	a3682-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	29996

427 STATE OF NEW JERSEY v. STEVEN E. YOUNG -- rank: 656

... factors number two, the gravity and seriousness of harm inflicted, N.J.S.A. 2C:44-1(a)(2), 6 and number twelve, offense against an elderly or disabled person, N.J.S.A. 2C:44-1(a)(12), 7 which are both elements of crimes convicted ... of five aggravating factors: two, three, six, nine, and twelve. N.J.S.A. 2C:44-1(a)(2) ("the gravity and seriousness of harm inflicted on ... mitigating factors two and four, giving them limited weight. 8 N.J.S.A. 2C:44-1(b)(2)("defendant did not contemplate that his conduct would ... 14-2(a)(7) and -3(a). Aggravating factor two, N.J.S.A. 2C:44-1(a)(2), involves the defendant's knowledge that the victim ... incapable of resisting the defendant's conduct, and factor twelve, N.J.S.A. 2C:44-1(a)(12), involves defendant's awareness that victim was ...

docket:	a5099-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	42000

428 STATE OF NEW JERSEY v. QUAMEER L. HENCE -- rank: 656

... prior convictions in evaluating the aggravating and mitigating factors under N.J.S.A. 2C:44-1. Indeed, the judge stated that: 'The force used on the ... prior convictions in evaluating the aggravating and mitigating factors under N.J.S.A. 2C:44-1. Noting that the force used on S.L. was 'extremely ...

docket:	a0413-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-18
status:	Unpublished
citation:
Document Size:	46844

429 STATE OF NEW JERSEY v. RALPH P. JAMISON -- rank: 656

... aggravating factors: three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, a substantial likelihood defendant was involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); six, the nature and extent of defendant's prior criminal history, 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). The court found mitigating factor twelve, the willingness of defendant to cooperate with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12). The court further determined the aggravating factors preponderated ... affidavits from family and friends supporting mitigating sentencing factors under N.J.S.A. 2C:44-1(b); argue in support of mitigating factors at sentencing; ...

docket:	a2051-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-12
status:	Unpublished
citation:
Document Size:	27915

430 STATE OF NEW JERSEY v. KASHIF PARVAIZ -- rank: 656

... applied to all counts for which defendant was convicted. See N.J.S.A. 2C:44-1(a)(3) (the risk defendant will re-offend); N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others). He also found aggravating factor two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of harm to the ... conviction, rejecting its application and application of aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offenses and ... 20 A-5029-14T4 The judge applied mitigating factor seven. N.J.S.A. 2C:44- 1(b)(7) (defendant's lack of criminal history). He fully ... defendant was willing to cooperate with law enforcement authorities). See N.J.S.A. 2C:44-1(b)(8), (9), and (12). As to aggravating factor ...

docket:	a5029-14
court:	NJ Superior Court Appellate Division
decided:	2018-06-18
status:	unpublished
citation:
Document Size:	95522

431 STATE OF NEW JERSEY v. ANTHONY WHITE -- rank: 656

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); "[t]he extent of the defendant's prior ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). Defendant argues that the court afforded too much ... merely as a part of the cost of doing business," N.J.S.A. 2C:44-1(a)(11). Defendant argues, and the State concedes, that it ... only mitigating factor, namely that defendant will compensate the victim, N.J.S.A. 2C:44-1(b)(6). Defendant contends the trial court should have found ... imprisonment would entail excessive hardship to himself and his dependents, N.J.S.A. 2C:44-1(b)(11), because defendant has fathered three children. However, ...

docket:	a1555-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	53998

432 STATE OF NEW JERSEY v. MAHADI M. ROBINSON, JR -- rank: 654

... Counsel also urged the court to find mitigating factor eight, N.J.S.A. 2C:44- 1(b)(8) ('The defendant's conduct was the result of ... in foster care. The sentencing court found aggravating factors one, N.J.S.A. 2C:44- 1(a)(1) ('The nature and circumstances of the offense, and ... committed in an especially heinous, cruel, or depraved manner[.]'), three, N.J.S.A. 2C:44- 1(a)(3) ('The risk that defendant will commit another offense[.]'), six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... offenses of which the defendant has been convicted [.]'), and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ...

docket:	a4116-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-19
status:	Unpublished
citation:
Document Size:	24122

433 STATE OF NEW JERSEY v. FUQUAN ALEXANDER -- rank: 654

... burglary conviction. Here, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ("nature and circumstances of the offense, . . . including whether ... committed in an especially heinous, cruel, or depraved manner"); three, N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense"); six, N.J.S.A. 2C:44-1(a)(6) ("extent of the defendant's prior criminal record ... the offenses of which he has been convicted"); and nine, N.J.S.A. 2C:44-1(a)(9) ("need [to] deter[] the defendant and others from ...

docket:	a1162-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-06
status:	unpublished
citation:
Document Size:	43175

434 STATE OF NEW JERSEY v. RAMON MARTINEZ -- rank: 654

... 43-7.2. Applying the statutory factors set forth in N.J.S.A. 2C:44-1(a) and (b), the judge found aggravating factors one, two ...

docket:	a5023-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-21
status:	Unpublished
citation:
Document Size:	56398

435 STATE OF NEW JERSEY v. SHAWN ROBERT JOHNSON -- rank: 654

... gravity and seriousness of the harm inflicted on the victim," N.J.S.A. 2C:44-1(a)(2); defendant's risk of recidivism, N.J.S.A. 2C:44-1(a)(3); defendant's involvement in organized crime, N.J.S.A. 2C:44-1(a)(5); the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9). No mitigating factors were identified. Appellate review of ... gravity and seriousness of the harm inflicted on the victim," N.J.S.A. 2C:44-1(a)(2), and also urges that the court should ...

docket:	a1746-08
court:	superior court trial
decided:	2011-01-13
status:	unpublished
citation:
Document Size:	67094