Search Rutgers Law Library N.J. Court Opinions

481 STATE OF NEW JERSEY v. BERNARD A. VALENTIN -- rank: 649

... 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 nine), N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The court ...

docket:	a0098-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-13
status:	unpublished
citation:
Document Size:	74544

482 STATE OF NEW JERSEY v. BERNARD HUGHIE -- rank: 649

... defendant's likelihood to respond affirmatively to probationary treatment. See N.J.S.A. 2C:44-1(a)(3), (6), (9), (b)(10). A conforming JOC was ... which overrides the need to deter such conduct by others.' N.J.S.A. [2C:44-1(d)]. Conversely, if a first-time offender is convicted of ... degree, he is subject to a presumption of non-incarceration. N.J.S.A. [2C:44-1(e)]. If, as in this case, a defendant is convicted ... aggravating and mitigating factors' enumerated in A-2200-21 9 N.J.S.A. [2C:44-1(a) and (b)] 'to determine whether a probationary or custodial ... a prison sentence triggers the presumption of imprisonment defined in N.J.S.A. 2C:44-1(d) and incorporated by reference in N.J.S.A. 2C:35-14(a). [Id. at 535-536.] N.J.S.A. 2C:44-1(d) applies the presumption of incarceration based upon the ...

docket:	a2200-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-27
status:	Unpublished
citation:
Document Size:	26998

483 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 649

... sentence. She contends the court improperly found aggravating factor one, N.J.S.A. 2C:44-1(a)(1). She also contends the court failed to find ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). The term "cruel" as used in the statute ... there were substantial grounds tending to excuse defendant's conduct, N.J.S.A. 2C:44-1(b)(4); the victim induced defendant's conduct, N.J.S.A. 2C:44-1(b)(5); and the character and attitude of defendant indicates she is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9). Credible evidence must exist to support both aggravating ...

docket:	a0854-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	46438

484 State v. Stacey Froland a/k/a Stacey Kindt -- rank: 647

... presumption of non-imprisonment set forth in subsection e. of N.J.S.A. 2C:44-1 for a first offense of a crime of the third ...

docket:	a-8-06
court:
decided:	2007-12-12
status:
citation:	*CITE_PENDING*
Document Size:	75287

485 STATE OF NEW JERSEY v. RYAN D. WILKINS -- rank: 647

... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). Defendant was twenty-three years old at the ... murder. In State v. Lane, our Supreme Court held that ' N.J.S.A. 2C:44-1(b) now provides that a sentencing judge 'may properly consider ...

docket:	a0924-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	73158

486 State v. Davon M. Johnson -- rank: 647

... a presumption of non-incarceration for first-time offenders, see N.J.S.A. 2C:44-1(e) -- N.J.S.A. 2C:35-7(a) prescribes ...

docket:	a-58-17
court:	NJ Supreme Court
decided:	2019-05-30
status:
citation:	238 N.J. 119 207 A.3d 1277
Document Size:	38135

487 STATE OF NEW JERSEY v. FRANCIS BRACE -- rank: 647

... trial judge applied aggravating factors one, three, six and nine, N.J.S.A. 2C:44-1(a)(1), (3), (6) and (9), to all counts, and applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2), separately, to the aggravated assault charge. The court ... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), noting the shots were fired at a moving ... he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2), due to the severity of the injury she ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), recognizing defendant had accumulated a criminal record consisting ...

docket:	a0400-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	33662

488 /usr/local/share/www/libweb/collections/courts/appellate/a5010-18.opn.html -- rank: 647

... applicable aggravating and mitigating factors. She found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk defendant would commit another offense), aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's criminal history), and aggravating 25 A-5010-18 factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ...

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489 STATE OF NEW JERSEY v. TYRELL JACKSON -- rank: 647

... whose conduct was substantially influenced by a more mature person. N.J.S.A. 2C:44-1(b)(13). Defendant asserts that he was eighteen at the ... factor three, the risk that defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), applied, but argued that they should be given ... that it was unlikely he would commit another offen se, N.J.S.A. 2C:44-1(b)(9), applied and asked the court to sentence defendant ...

docket:	a1652-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	100944

490 STATE OF NEW JERSEY v. FRANK J. SMITH -- rank: 647

... factors. The judge found applicable aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1)-(2), adverting during sentencing to "the nature of ... in the sentencing decision. The judge found factor three satisfied, N.J.S.A. 2C:44-1(a)(3)(risk that defendant will commit another offense), based ... prior convictions in support of his finding on factor six, N.J.S.A. 2C:44-1(a)(6)(extent of prior criminal history and seriousness of ... for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). Defendant contends that the judge double-counted by ...

docket:	a2955-07
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	49935

491 STATE OF NEW JERSEY v. ERIC D. CURRY -- rank: 647

... an erroneous weighing of the aggravating and mitigating factors under N.J.S.A. 2C:44-1. More particularly, he argues the court erred by placing "heavy" weight on aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter the defendant and others ... sentencing defendant, the court found the following aggravating factors: three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense; six, N.J.S.A. 2C:44-1(a)(6), the extent and seriousness of defendant's prior record; and nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... violating the law. The court also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), the imposition of a custodial term will ...

docket:	a1978-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	37959

492 STATE OF NEW JERSEY v. LORETTA C. BURROUGHS -- rank: 647

... was committed in an especially heinous, cruel, or depraved manner, N.J.S.A. 2C:44-1(a)(1); (2) the gravity and seriousness of harm inflicted ... incapable of exercising normal physical or mental power of resistance, N.J.S.A. 2C:44-1(a)(2); (3) the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); (4) the nature and extent of the defendant’s prior criminal record, N.J.S.A. 2C:44-1(a)(6); and (5) the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge rejected mitigation factors proposed by defendant, finding none were warranted. N.J.S.A. 2C:44-1(b). Defendant urges the judge erred in giving aggravating ...

docket:	a4590-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-16
status:	unpublished
citation:
Document Size:	58889

493 STATE OF NEW JERSEY v. TERRY E. CAMPBELL -- rank: 647

... he gravity and seriousness of harm inflicted on the victim[,]" N.J.S.A. 2C:44-1(a)(2); aggravating factor three, "[t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); and aggravating factor six, "[t]he extent of ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6). Defendant also argues that the judge erred in ... period of time before the commission of the present offense," N.J.S.A. 2C:44-1(b)(7); and mitigating factor eight, "[t]he defendant's conduct was the result of circumstances unlikely to recur," N.J.S.A. 2C:44-1(b)(8). She further argues that the judge erred in ...

docket:	a0961-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-15
status:	unpublished
citation:
Document Size:	70715

494 STATE OF NEW JERSEY v. DENNIS SABOL -- rank: 647

... petty disorderly persons offenses. The judge found one mitigating factor: N.J.S.A. 2C:44-1(b)(7), that defendant has no prior criminal history. The judge found aggravating factors N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of the harm inflicted ... the municipal court level. The judge also found aggravating factor N.J.S.A. 2C:44-1(a)(8), that defendant committed the offense because the victim ... forty-seven, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... well have penalized him for proceeding to trial, contrary to N.J.S.A. 2C:44-1(c)(1). Prior to trial, after reviewing the underlying ...

docket:	a4351-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-04-16
status:	Published
citation:
Document Size:	27581

495 STATE OF NEW JERSEY v. N.K. -- rank: 645

... factor six, the extent and seriousness of his prior record, N.J.S.A. 2C:44-1(a)(6). He argues the court's finding is inconsistent ... substantial period of time prior to commission of the offense, N.J.S.A. 2C:44-1(b)(7). We disagree. 26 A-5163-14T4 The court ... his conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), and nine, his character and attitude indicate he is unlikely to reoffend, N.J.S.A. 2C:44-1(b)(9). The court considered defendant's supporters' attestations to ... twelve, the willingness of defendant to cooperate with law enforcement, N.J.S.A. 2C:44-1(b)(12). Defendant asserts he cooperated with the police when ...

docket:	a5163-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	97120