Search Rutgers Law Library N.J. Court Opinions

46 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 781

... 6(a)(4), benefits from a presumption of non-incarceration. N.J.S.A. 2C:44-1(d), (e). No custodial term is required of a fourth ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	212375

47 STATE OF NEW JERSEY v. SAHIL KULGOD -- rank: 779

... so long as they adhere to the statutory framework of N.J.S.A. 2C:44- -1. State v. Dalziel, 182 N.J. 494, 500 (2005). 'When ... sentencing defendant, the court found only one aggravating factor— nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others. The ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and his finding of mitigating factor nine, '[t ... defendant indicate that he is unlikely to commit another offense,' N.J.S.A. 2C:44-1(b)(9). The judge explained A-1672-19 21 defendant ... panic attacks and anxiety. The judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), defendant's lack of criminal history, and factor nine, N.J.S.A. 2C:44-1(b)(9), that defendant was unlikely to commit another ...

docket:	a1672-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-10
status:	Unpublished
citation:
Document Size:	70569

48 STATE OF NEW JERSEY v. C.J.R. -- rank: 777

... He contends the judge failed to find a mitigating factor, N.J.S.A. 2C:44-1(b)(11), and double-counted an aggravating factor, N.J.S.A. 2C:44-1(a)(3). Defendant argues the judge failed to consider that ... 65 (1984)). The trial judge found the following aggravating factors: N.J.S.A. 2C:44- 1(a)(1), the nature and circumstance of the offense; N.J.S.A. 2C:44-1(a)(3), the risk of reoffending; and N.J.S.A. 2C:44-1(a)(9), the need to deter. The judge gave moderate ... weight to all of the factors and declined to find N.J.S.A. 2C:44- 1(a)(2) as an aggravating factor in order to ...

docket:	a1338-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-22
status:	Unpublished
citation:
Document Size:	40367

49 STATE OF NEW JERSEY v. THADIUS W. OSWALD -- rank: 777

... 43-7.2. At sentencing, the judge found aggravating factor N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the crime, and ... A-2277-19 7 The judge also found aggravating factor N.J.S.A. 2C:44-1(a)(3), risk the defendant will commit another offense, noting ... including the December gun charge, the judge found aggravating factor N.J.S.A. 2C:44-1(a)(6) and gave it moderate weight. She found aggravating factor N.J.S.A. 2C:44-1(a)(9), need to deter, noting the gun Lowell found ... significant weight. Defendant requested the judge find mitigating factor nine, N.J.S.A. 2C:44- 1(b)(9), that his character and attitude indicate he is ... juvenile record.' Defendant requested and the judge found mitigating factor N.J.S.A. 2C:44-1(b)(11), because his imprisonment would entail excessive hardship ...

docket:	a2277-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-11
status:	Unpublished
citation:
Document Size:	38452

50 STATE OF NEW JERSEY v. BRIAN RICE -- rank: 777

... two, sentenced defendant as a third-degree offender pursuant to N.J.S.A. 2C:44-1(f)(2), and imposed a custodial sentence of three years ... DISCRETION WHEN IT SENTENCED DEFENDANT ONE DEGREE LOWER PURSUANT TO N.J.S.A. 2C:44-1(f)(2) Defendant raises the following points in his cross ... by sentencing defendant as a third-degree offender pursuant to N.J.S.A. 2C:44-1(f)(2). That statute provides that when a defendant is ... committed against any department or division of State government"). See N.J.S.A. 2C:44-1(a)(3), (4), (9) and (10). The judge also found ... conduct was the result of circumstances unlikely to recur). See N.J.S.A. 2C:44-1(b)(7) and (8). On the judgment of conviction, the ... mistakenly find mitigating factor seven. Mitigating factors eight and nine, N.J.S.A. 2C:44-1(b)(8) and (9), relate to aggravating factor three. ...

docket:	a3777-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	published
citation:	425 N.J. Super. 375 41 A.3d 764
Document Size:	80578

51 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 777

... offender to a sentence one degree lower is governed by N.J.S.A. 2C:44-1(f)(2), which provides: In cases of convictions for crimes ... the interest of justice demands a downgraded sentence.'' Ibid. (quoting N.J.S.A. 2C:44-1(f)(2)). '[T]he standard governing downgrading is high.' Id ... J. at 501-02. Judge Ravin found that mitigating factor N.J.S.A. 2C:44-1(b)(7), '[t]he defendant has no history of prior ... date of this offense.' The judge found that mitigating factor N.J.S.A. 2C:44-1(b)(8), '[t]he defendant's conduct was the result ... of the official misconduct conviction. The judge applied mitigating factor N.J.S.A. 2C:44-1(b)(9),'[t]he character and attitude of the defendant ... to Trinidad's argument, Judge Ravin properly rejected mitigating factors N.J.S.A. 2C:44-1(b)(1), '[t]he defendant's conduct neither caused ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

52 State v. Samuel Ryan -- rank: 775

... sentencing as evidence of a likelihood to reoffend, citing 9 N.J.S.A. 2C:44-1(a)(6) and case law. More importantly, the State emphasizes ... the offense,” age is a mitigating sentencing factor. See N.J.S.A. 2C:44-1(b)(14). No court has made the discretionary determination that ...

docket:	a-65-20
court:	NJ Supreme Court
decided:	2022-02-07
status:
citation:
Document Size:	80501

53 STATE OF NEW JERSEY v. DAIQUAN C. BLAKE -- rank: 775

... mitigating factors. The judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), giving both factors 'substantial weight.' The ... sentencing, the trial judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and gave both substantial weight, and ... supervision. The judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9) applicable, and no mitigating factors ... aggravating and mitigating factors, including newly enacted mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14). The State disagrees and argues the remand should ... consider the aggravating and mitigating factors, including mitigating factor fourteen, N.J.S.A. 2C:44- 1(b)(14). Because we remand for resentencing, we do not ... the judge erred in failing to find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), '[t]he defendant has no history of ...

docket:	a1554-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-13
status:	Unpublished
citation:
Document Size:	71581

54 STATE OF NEW JERSEY v. AARON ELLIS -- rank: 775

... serious bodily injury conviction. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (criminal history and seriousness of conviction); and nine, N.J.S.A. 2C:44-1(a)(9) (deterrence). The court also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (excessive hardship). This appeal followed. II. A. Defendant ... N.J. at 64.] In addition to mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (excessive hardship), defendant now contends the judge should have also found mitigating factor three, N.J.S.A. 2C:44-1(b)(3) (strong provocation). Specifically, defendant avers the trial ...

docket:	a0676-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-28
status:	unpublished
citation:
Document Size:	42329

55 State v. William A. Case, Jr. -- rank: 775

... defendant’s conduct neither caused nor threatened serious harm,” N.J.S.A. 2C:44-1(b)(1); “defendant did not contemplate that his conduct would cause or threaten serious harm,” N.J.S.A. 2C:44-1(b)(2); “defendant acted under a strong provocation,” N.J.S.A. 2C:44-1(b)(3); “[t]here were substantial grounds tending to ... defendant’s conduct, though failing to establish a defense,” N.J.S.A. 2C:44-1(b)(4); “[t]he victim of the defendant’s conduct induced or facilitated its commission,” N.J.S.A. 2C:44-1(b)(5); “defendant has no history of prior delinquency ... of time before the commission of the present offense,” N.J.S.A. 2C:44-1(b)(7); “defendant’s conduct was the result ...

docket:	A-45-13
court:	NJ Supreme Court
decided:	2014-12-07
status:
citation:	220 N.J. 49 103 A.3d 237
Document Size:	93991

56 STATE OF NEW JERSEY v. FUQUAN K. KNIGHT -- rank: 773

... age of twenty - six at the time of the offense. N.J.S.A. 2C:44-1(b)(14). However, this factor was not in effect at ...

docket:	a0377-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	101428

57 STATE OF NEW JERSEY VS. FUQUAN K. KNIGHT, ET AL. -- rank: 773

... age of twenty - six at the time of the offense. N.J.S.A. 2C:44-1(b)(14). However, this factor was not in effect at ...

docket:	a0377-20a0437-21
court:	appellate
decided:	2023-12-19
status:	Unpublished
citation:
Document Size:	100600

58 STATE OF NEW JERSEY v. ANGELO SCIFO -- rank: 770

... following aggravating factors: one, as to counts one through four, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense, and the ... 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 A ... the offenses of which the defendant has been convicted'), nine, N.J.S.A. 2C:44-1(a)(9) ('need for deterring the defendant and others from violating the law'), and fifteen, N.J.S.A. 2C:44-1(a)(15) ('offense involved an act of domestic violence, as ... counts; and twelve as to counts one, two, and four, N.J.S.A. 2C:44-1(a)(12) ('[t]he defendant committed the offense against ...

docket:	a4098-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	85633

59 STATE OF NEW JERSEY v. ONDRE H. WEEKES, -- rank: 770

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). In support of its decision, the court noted ... contemplated that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2), nine, the character and attitude of the defendant indicate that he is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), and eleven, excessive hardship, N.J.S.A. 2C:44-1(b)(11). The court found mitigating factor two inapplicable because ... substantial grounds tending to excuse or justify defendant's conduct,' N.J.S.A. 2C:44-1(b)(4). Specifically, defendant asserts that court improperly failed ...

docket:	a2524-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	79763

60 STATE OF NEW JERSEY v. A.T.C. -- rank: 768

... thirteen years old.1 The court applied aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense, and the role of actor therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the ... place before his arrest. 8 A-4302-15T4 victim); 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 defendant's prior criminal record and ... seriousness of offenses he is being convicted of); and nine, N.J.S.A. 2C:44- 1(a)(9) (need for deterring the defendant and others from ... the circumstances here.' The court also found mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant has compensated or will compensate the ...

docket:	a4302-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-19
status:	published
citation:	454 N.J.Super. 235 185 A.3d 233
Document Size:	106302