Search Rutgers Law Library N.J. Court Opinions

451 STATE OF NEW JERSEY v. JOEL A. RODRIGUEZ -- rank: 651

... because the mitigating factor found – including mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), that defendant had no prior history of criminal ... for a substantial period – substantially outweighed aggravating factors two, N.J.S.A. 2C:44-1(a)(2), which focuses on the particular victim's vulnerabilities, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence of the defendant and ... mitigating factors eight, nine, and eleven should have been applied. N.J.S.A. 2C:44-1(b)(8) A-2357-18 14 applies when a defendant ... occasions. The judge found as well that mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's 'character and attitude . . . indicate . . . he is unlikely to commit another offense'), and eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment 'would entail excessive hardship' to the ...

docket:	a2357-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
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Document Size:	32594

452 STATE OF NEW JERSEY v. J.C. -- rank: 651

... six (the extent and severity of defendant's prior record), N.J.S.A. 2C:44-1(a)(6), and also granting the State's motion to ... and number nine (the need to deter defendant and others). N.J.S.A. 2C:44-1(a)(3) and (9). The judge afforded "great weight" to ... imprisonment would entail excessive hardship because of his medical condition), N.J.S.A. 2C:44-1(b)(11), which he afforded "very minimal" weight. Our review ... sentencing, the judge must identify the relevant aggravating factors of N.J.S.A. 2C:44-1(a) and the relevant mitigating factors of N.J.S.A. 2C:44-1(b), "determine which factors are supported by a preponderance of ...

docket:	a1121-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	57775

453 STATE OF NEW JERSEY v. TERRI BAILEY -- rank: 651

... The judge found aggravating factors three, six and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (defendant ... the judge erred in failing to find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), that his imprisonment would result in an excessive ...

docket:	a1513-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	48034

454 STATE OF NEW JERSEY v. QUADIR GRAHAM -- rank: 651

... intent to distribute. After considering aggravating and mitigating factors under N.J.S.A. 2C:44-1, the judge found that the aggravating factors substantially outweighed the ... judge is required, however, to consider aggravating and mitigating factors, N.J.S.A. 2C:44-1, supported by the evidence, and to determine the appropriate sentence ... range, the judge must consider certain aggravating and mitigating factors. N.J.S.A. 2C:44-1. Here, the judge found no mitigating factors present. He found ...

docket:	a3582-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-10
status:	unpublished
citation:
Document Size:	39693

455 /usr/local/share/www/libweb/collections/courts/appellate/a5068-17.opn.html -- rank: 651

... 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 ... for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9). We are satisfied from our review of the ... court's decision not to apply mitigating factor two. See N.J.S.A. 2C:44-1(b)(2) ('The defendant did not contemplate that his conduct ... excessive hardship establishing the applicability of mitigating factor eleven. See N.J.S.A. 2C:44-1(b)(11) ('The imprisonment of the defendant would entail excessive ...

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456 STATE OF NEW JERSEY v. JERMAINE R. RAMIREZ -- rank: 651

... two, three, six, and nine, and no mitigating factors. See N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). The judge determined ... not negated by the 'effects of alcohol or drugs.' Under N.J.S.A. 2C:44-1(a)(1), the sentencing court may consider '[t]he nature ... a.m. does not fall under aggravating factor [two].' Under N.J.S.A. 2C:44-1(a)(2), the sentencing court may consider [t]he gravity ... concedes he was sentenced before the New Jersey Legislature amended N.J.S.A. 2C:44-1(b) to add youth as a fourteenth mitigating factor for ...

docket:	a0103-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-28
status:	Unpublished
citation:
Document Size:	46600

457 STATE OF NEW JERSEY v. TYLEEK J. BAKER -- rank: 651

... for deterring the defendant and others from violating the law"). N.J.S.A. 2C:44-1(a)(1), (3), (6), and (9). He found no mitigating ... he was twenty-years old when the crimes were committed, N.J.S.A. 2C:44-1(b)(13); and the hardship incarceration would bring to his child and the child's mother, N.J.S.A. 2C:44-1(b)(11). Lastly, Scott makes a similar argument to that ... substantially influenced by another person more mature than the defendant." N.J.S.A. 2C:44-1(b)(13). In State v. Torres , 313 N.J. Super ...

docket:	a4794-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-20
status:	unpublished
citation:
Document Size:	110378

458 /usr/local/share/www/libweb/collections/courts/appellate/a1423-18.opn.html -- rank: 651

... and fourteenth indictable convictions.' The court found: aggravating factor three, N.J.S.A. 2C:44-1(a)(3), '[t]he risk that the defendant will commit another offense'; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), '[t]he extent of the defendant's prior ... which the defendant has been convicted'; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), '[t]he 3 Defendant had different counsel in ...

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459 STATE OF NEW JERSEY v. ANTHONY G. HEWITT -- rank: 651

... to distribute the same. The court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense, including ... committed in an especially heinous, cruel or depraved manner); 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 was involved in organized criminal activity); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no history of prior delinquency or ... argues that the court should have found mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (defendant did not cause or threaten serious ...

docket:	a0100-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	36852

460 /usr/local/share/www/libweb/collections/courts/appellate/a2492-11xx.opn.html -- rank: 651

... sentencing factors three, six and nine as to both defendants. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (criminal history ... deter). He found no mitigating factors as to either defendant. N.J.S.A. 2C:44-1(b). For the first category of offenses, the court imposed ...

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461 STATE OF NEW JERSEY v. JAMES S. RUSSELL -- rank: 651

... for deterring the defendant and others from violating the law"). N.J.S.A. 2C:44-1(a)(1), (3), (6), and (9). He found no mitigating ... he was twenty-years old when the crimes were committed, N.J.S.A. 2C:44-1(b)(13); and the hardship incarceration would bring to his child and the child's mother, N.J.S.A. 2C:44-1(b)(11). Lastly, Scott makes a similar argument to that ... substantially influenced by another person more mature than the defendant." N.J.S.A. 2C:44-1(b)(13). In State v. Torres , 313 N.J. Super ...

docket:	a4841-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-20
status:	unpublished
citation:
Document Size:	110381

462 STATE OF NEW JERSEY v. AHMAD H. HUSEIN -- rank: 651

... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating ... simply because defendant had a young child is unpersuasive. See N.J.S.A. 2C:44-1(b)(11) ('[I]mprisonment of the defendant would entail excessive ... having found defendant posed a risk of re-offense. See N.J.S.A. 2C:44-1(b)(9) (providing the 'character and attitude of the defendant ...

docket:	a4557-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-08
status:	Unpublished
citation:
Document Size:	55000

463 STATE OF NEW JERSEY v. JAMEEL ROLLINS -- rank: 651

... sentencing factors three, six and nine as to both defendants. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (criminal history ... deter). He found no mitigating factors as to either defendant. N.J.S.A. 2C:44-1(b). For the first category of offenses, the court imposed ...

docket:	a2468-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-19
status:	unpublished
citation:
Document Size:	76300

464 /usr/local/share/www/libweb/collections/courts/supreme/a2803-14.opn.html -- rank: 651

... factors three, the risk that defendant will commit another crime, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); eight, defendant committed an offense against a police officer, N.J.S.A. 2C:44-1(a)(8); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). He found no mitigating factors. The judge properly ...

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465 STATE OF NEW JERSEY v. JAMAL D. SCOTT -- rank: 651

... for deterring the defendant and others from violating the law"). N.J.S.A. 2C:44-1(a)(1), (3), (6), and (9). He found no mitigating ... he was twenty-years old when the crimes were committed, N.J.S.A. 2C:44-1(b)(13); and the hardship incarceration would bring to his child and the child's mother, N.J.S.A. 2C:44-1(b)(11). Lastly, Scott makes a similar argument to that ... substantially influenced by another person more mature than the defendant." N.J.S.A. 2C:44-1(b)(13). In State v. Torres , 313 N.J. Super ...

docket:	a3455-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-20
status:	unpublished
citation:
Document Size:	110377