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466 STATE OF NEW JERSEY v. LARRY DUKES -- rank: 651

... imprisonment 'would entail excessive hardship to [himself] or [his] dependents . . . .' N.J.S.A. 2C:44-1(1), (2), (11). Given defendant's extensive criminal history and ...

docket:	a4668-17
court:	NJ Superior Court Appellate Division
decided:	2021-03-26
status:	Unpublished
citation:
Document Size:	49979

467 STATE OF NEW JERSEY v. LYNN GIOVANNI -- rank: 651

... matters in mitigation." He argued that factor seven applied, see N.J.S.A. 2C:44-1(b)(7), because she had no criminal record. He also ... be considered a mitigating factor. Counsel cited factor four, see N.J.S.A. 2C:44-1(b)(4) ("There were substantial grounds tending to excuse or ... facts posed a risk of re-offending, aggravated factor three, N.J.S.A. 2C:44-1(a)(3), as opposed to a mitigating factor. The court found aggravating factor nine, need to deter. N.J.S.A. 2C:44-1(a)(9). The court found mitigating factor seven, but rejected ... to a term appropriate to a crime one degree lower, N.J.S.A. 2C:44-1(f)(2), there is apparently no statutory authority for sentencing ... justice demands" the lesser sentencing range. Id. at 450 (quoting N.J.S.A. 2C:44-1(f)(2)); see also State v. Megargel , 143 N. ...

docket:	a1877-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	68582

468 STATE OF NEW JERSEY v. JAMES COMER, -- rank: 651

... factors and finding statutory aggravating factors three (risk of reoffending), N.J.S.A. 2C:44-1(a)(3), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9), the court re-imposed the minimum 30-year ...

docket:	a1230-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	56441

469 STATE OF NEW JERSEY v. FRANCIS STINE -- rank: 649

... Division failed to apply the presumption of non-incarceration in N.J.S.A. 2C:44-1 to his conviction for violating N.J.S.A. 39 ... 50.15(b) is a disorderly persons offense subject to N.J.S.A. 2C:44-1, requiring consideration of aggravating and mitigating factors and presumptions of ... was entitled to the presumption of non-incarceration contained in N.J.S.A. 2C:44-1(e). He urges that State v. Gardner , 113 N.J ...

docket:	a4637-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	43389

470 STATE OF NEW JERSEY v. ABRAHAM ROMAN -- rank: 649

... twelve, his 'willingness . . . to cooperate with law enforcement authorities.' See N.J.S.A. 2C:44- 1(b). The court found no mitigating factors. The court found ... for deterring defendant and others from violating the law. See N.J.S.A. 2C:44-1(a). 18 A-5498-15T2 Although it found that the ... request to be sentenced as a third-degree offender. Under N.J.S.A. 2C:44- 1(f)(2), if a defendant is convicted of a first ...

docket:	a5498-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-12
status:	unpublished
citation:
Document Size:	66983

471 STATE OF NEW JERSEY v. GREGORY D. PRIOR -- rank: 649

... extended term sentence. Next, the judge applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant would commit another offense, and aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior record and ... several violent offenses. Further, the judge applied aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence, based on defendant's ... extensive criminal history. Additionally, the judge applied aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13), because defendant used a stolen motor vehicle in ...

docket:	a0803-20
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	75282

472 /usr/local/share/www/libweb/collections/courts/appellate/a3167-16.opn.html -- rank: 649

... imprisonment would entail excessive hardship to defendant or his dependents), N.J.S.A. 2C:44-1(b)(11). We are unpersuaded by this argument. A-3167 ... found aggravating factors three (risk defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3); six (extent of defendant's prior criminal record ... seriousness of the offenses of which he has been convicted), N.J.S.A. 2C:44-1(a)(6); and nine (need for deterring defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9). After undertaking a A-3167-16T2 21 thorough ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41900

473 STATE OF NEW JERSEY v. NICHOLAS A. BROWN -- rank: 649

... but applied aggravating factors three, six, eight, nine, and eleven. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense);  1(a)(6 ... extended term; and erroneously failed to apply mitigating factor four, N.J.S.A. 2C:44-1(b)(4) ("substantial grounds tending to excuse or justify the ...

docket:	a3356-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-08
status:	unpublished
citation:
Document Size:	52283

474 STATE OF NEW JERSEY v. ISLAM E. EL-GHOUL -- rank: 649

... sentencing hearing, the court found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factors six and seven, N.J.S.A. 2C:44-1(b)(6) and (7). The court rejected the State's ... and rejecting his call for consideration of mitigating factors one, N.J.S.A. 2C:44-1(b)(1) and two, N.J.S.A. 2C:44-1(b)(2), and for a reduced sentence. "Appellate courts review ... the victim. The court found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factor six, N.J.S.A. 2C:44-1(b)(6), and seven, N.J.S.A. 2C: ...

docket:	a2713-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-17
status:	unpublished
citation:
Document Size:	43527

475 STATE OF NEW JERSEY v. JAHNELL WEAVER -- rank: 649

... the trial court found he was at risk to reoffend, N.J.S.A. 2C:44-1(a)(3), had a prior criminal history, N.J.S.A. 2C:44-1(a)(6), and that the need to deter defendant and the public was great, N.J.S.A. 2C:44-1(a)(9). The court found no factors in mitigation. Defendant ...

docket:	a3274-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-12
status:	unpublished
citation:
Document Size:	83213

476 STATE OF NEW JERSEY v. JOHN L. WILLIAMS -- rank: 649

... trial judge A-3310-21 9 found aggravating factor three, N.J.S.A. 2C:44-1(1)(3), the risk of re-offense; six, N.J.S.A. 2C:44-1(1)(6), the nature and extent of defendant's prior record and the seriousness of those offenses; and nine, N.J.S.A. 2C:44-1(1)(9), the need to deter defendant and others from ... violating the law. The judge also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), the imprisonment of defendant would entail excessive hardship ... factors substantially outweigh the mitigating factors, as set forth in [ N.J.S.A. 2C:44-1(a) and (b)] . . . the court may fix a minimum term ...

docket:	a3310-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-22
status:	Unpublished
citation:
Document Size:	39595

477 STATE OF NEW JERSEY v. DAW'UD FARRIED -- rank: 649

... number three, the "risk that . . . defendant will commit another offense . . . ." N.J.S.A. 2C:44-1(a)(3). The judge also found that aggravating factor number six, N.J.S.A. 2C:44-1(a)(6), applied because of "the seriousness of the offenses ... incident. The judge also found aggravating factor number nine applied. N.J.S.A. 2C:44-1(a)(9). He noted that defendant's "sentence must serve ... the "gravity and seriousness of harm inflicted on the victim[,]" N.J.S.A. 2C:44-1(a)(2), acknowledging that it "could potentially be double counting ...

docket:	a3039-07
court:	NJ Superior Court Appellate Division
decided:	2010-10-21
status:	unpublished
citation:
Document Size:	45358

478 JERSEY STATE OF NEW JERSEY v. SHAMSIDDIN ABDUR-RAHEEM -- rank: 649

... he has been convicted"); and nine (the need for deterrence). N.J.S.A. 2C:44-1(a)(1), (2), (3), (6) and (9). The judge also ... or older," as to the two assaults against L.B. N.J.S.A. 2C:44-1(a)(12). At defendant's request, the judge considered mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (the lack of prior delinquency or criminal activity ...

docket:	a2077-12
court:	NJ Superior Court Appellate Division
decided:	2017-04-25
status:	unpublished
citation:
Document Size:	62032

479 STATE OF NEW JERSEY v. LASHAWN FITCH -- rank: 649

... the murder. 4 At sentencing, the judge found aggravating factor N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit ... weapons and possession charges. The judge also found aggravating factor N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... Asbury Park and Neptune specifically. The judge found mitigating factor N.J.S.A. 2C:44-1(b)(11), that defendant's imprisonment would entail excessive hardship ...

docket:	a1014-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	99860

480 STATE OF NEW JERSEY v. DAVID COOPER -- rank: 649

... Defendant argues the sentencing judge improperly found aggravating factor six, N.J.S.A. 2C:44-1(a), applicable when he was sentenced on Indictment No. 17 ... v. Roth, 95 N.J. 334, 364-65 (1984)). Under N.J.S.A. 2C:44-1(a), a sentencing court considers several aggravating factors. Aggravating factor ... of the offenses of which [the defendant] has been convicted.' N.J.S.A. 2C:44-1(a)(6). When a sentencing court considers improper aggravating factors ...

docket:	a4692-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-13
status:	Unpublished
citation:
Document Size:	61248