Search Rutgers Law Library N.J. Court Opinions

511 STATE OF NEW JERSEY v. CHARLES T. LEDBETTER -- rank: 645

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); three, the risk that defendant will commit another offense, 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); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Judge Telsey also found in mitigation factor four ... existed based on defendant's unspecified mental health issues. See N.J.S.A. 2C:44-1(b)(4). Those mental health issues established defendant's eligibility ... factor six in mitigation, that defendant would compensate the victim, N.J.S.A. 2C:44-1(b)(6). Because he concluded the aggravating factors substantially ...

docket:	a1527-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-29
status:	Unpublished
citation:
Document Size:	38234

512 STATE OF NEW JERSEY v. WILLIAM T. LIEPE -- rank: 645

... factors three and nine – the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9) – to the aggravated manslaughter conviction. He correctly ... aggravating factor two – the seriousness of the harm caused, N.J.S.A. 2C:44- 1(a)(2) – was subsumed in the manslaughter conviction itself ... a law-abiding life for a substantial period of time, N.J.S.A. 2C:44-1(b)(7) – because when sentenced, defendant was sixty-two ... not contemplate his conduct would 'cause or threaten serious harm,' N.J.S.A. 2C:44- 1(b)(2) – because 'given this day and age and ... would be 'particularly likely to respond affirmatively to probationary treatment,' N.J.S.A. 2C:44-1(b)(10) – because probationary supervision 'cannot be reasonably ...

docket:	a4431-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-02
status:	published
citation:	453 N.J.Super. 126 180 A.3d 353
Document Size:	92676

513 STATE OF NEW JERSEY v. NIKITA CARDWELL -- rank: 645

... second-degree official misconduct). The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); four, N.J.S.A. 2C:44-1(a)(4) (a lesser sentence will depreciate the seriousness of ... it involved a breach of the public trust); 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 factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior criminal record, and has ... time before the commission of the present offense); and eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur). The court rejected mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (character and attitude of defendant indicate that ...

docket:	a0538-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-21
status:	unpublished
citation:
Document Size:	55176

514 STATE OF NEW JERSEY v. JOSE L. NEGRETE -- rank: 643

... for murder. The court found the following aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) (the risk the defendant will reoffend); five, N.J.S.A. 2C:44- 1(a)(5) (there is a substantial likelihood the defendant was involved in organized criminal activity); six, N.J.S.A. 2C:44-1(a)(6) (the defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter). The court did not find any mitigating factors. See N.J.S.A. 2C:44-1(b)(1) to (13). Specifically, the court found defendant, who ...

docket:	a1284-15
court:	NJ Superior Court Appellate Division
decided:	2019-04-22
status:	Unpublished
citation:
Document Size:	43730

515 STATE OF NEW JERSEY v. HAKEEM S. GAMBLE -- rank: 643

... to the following factors: the risk that defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); the 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 the need for deterrence, N.J.S.A. 2C:44- 1(a)(9). For aggravating factor three, the judge stated that ... defendant's prior record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating and ...

docket:	a5556-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-23
status:	Unpublished
citation:
Document Size:	52057

516 STATE OF NEW JERSEY v. LEWIS HOOPER -- rank: 643

... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4), was present and found aggravating factors three, the ... he has been convicted; and nine, the need to deter, N.J.S.A. 2C:44-1(a)(3), (6) and (9), and no mitigating factors. The ...

docket:	a3436-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-10
status:	Published
citation:	459 N.J.Super. 157 208 A.3d 38
Document Size:	63754

517 STATE OF NEW JERSEY v. MICHAEL E. ROSS -- rank: 643

... aggravating sentencing factors, and, in addition, aggravating factor one. See N.J.S.A. 2C:44-1(a)(1) ('[t]he nature and circumstances of the offense ... adult's youth and immaturity as a mitigating factor under N.J.S.A. 2C:44-1(b)(13) ('[t]he conduct of a youthful defendant was ... justify a finding of any specific mitigating sentencing factor. See N.J.S.A. 2C:44-1(b). We find no mistaken exercise of discretion by the ... finding that the killings were 'especially heinous, cruel or depraved.' N.J.S.A. 2C:44-1(a)(1). We agree with defendant that finding A-2462 ... to find and apply aggravating factors one and two. See N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... any aggravating factors other than factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (defendant' ...

docket:	a2462-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-23
status:	Unpublished
citation:
Document Size:	33488

518 STATE OF NEW JERSEY v. ANDRE SMITH -- rank: 643

... must identify whether any of the aggravating factors enumerated in N.J.S.A. 2C:44-1(a) or the mitigating factors in N.J.S.A. 2C:44-1(b) apply, and then balance the applicable factors. Id. at ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3); six, '[t]he extent of the defendant’s ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6); and nine, '[t]he need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors applied. Defendant ... defendant would entail excessive hardship to himself or his dependents.' N.J.S.A. 2C:44- 1(b)(11). However, our Supreme Court has made clear ...

docket:	a2757-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	42138

519 STATE OF NEW JERSEY v. ANDREW SWINTON -- rank: 643

... off shotgun. He found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and no factors in mitigation, N.J.S.A. 2C:44-1(b). In support of his conclusion with regard to aggravating ...

docket:	a0442-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	63140

520 STATE OF NEW JERSEY v. NASIR SALAAM -- rank: 643

... matter for resentencing pursuant to the Legislature's amendment of N.J.S.A. 2C:44-1(b) to include youth as a mitigating factor. We affirm ... is entitled to resentencing under recently enacted mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), which allows a trial court to consider a ... Here, defendant exhausted his avenues of appeal several years before N.J.S.A. 2C:44-1(b)(14) was enacted, and we find no independent basis ... the Court is whether, and if so, to what extent, N.J.S.A. 2C:44- 1(b)(14) applies retroactively. 248 N.J. 534 (2021). But ...

docket:	a3140-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-14
status:	Unpublished
citation:
Document Size:	20251

521 STATE OF NEW JERSEY v. KEVIN CAREY, a/k/a KEVIN M. CAREY KEVIN MARK CAREY, KEVIN ODOM KEVIN OMON -- rank: 643

... a trial court 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 ... found both a "risk that defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), and that "[t]he character and attitude of ... defendant indicate that he is unlikely to commit another offense." N.J.S.A. 2C:44-1(b)(9). It appears, however, that the judge concluded that ... into account, albeit not by finding "excessive hardship" pursuant to N.J.S.A. 2C:44-1(b)(11). Despite the apparent anomaly, we are satisfied that ...

docket:	a3751-07
court:	NJ Superior Court Appellate Division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	35993

522 STATE OF NEW JERSEY v. ISLAM GAD -- rank: 643

... factors three, six, and nine, and no mitigating factors. See N.J.S.A. 2C:44-1(a)(3) ('risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('extent of the defendant's prior criminal record ... of the offenses of which the defendant has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('need for deterring the defendant A-1659-19 ...

docket:	a1659-19
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	Unpublished
citation:
Document Size:	64585

523 STATE OF NEW JERSEY v. MARKUS A. CRUZ -- rank: 643

... factors applicable: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), and that the offense was committed against someone who was sixty years of age or older, N.J.S.A. 2C:44-1(a)(12). The judge also applied three mitigating factors: N.J.S.A. 2C:44-1(b)(6), defendant will compensate his victim, N.J.S.A. 2C:44-1(b)(9), defendant's character and attitude indicate he is unlikely to commit another offense, and N.J.S.A. 2C:44-1(b)(11), imprisonment would entail excessive hardship to himself ...

docket:	a4157-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-22
status:	unpublished
citation:
Document Size:	34348

524 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 643

... the impact defendant's incarceration would have on the child, N.J.S.A. 2C:44-1(b)(11). Unfortunately, the judge did not sufficiently explain his reasons for the downgrade. N.J.S.A. 2C:44-1(f)(2) provides that: In cases of convictions for crimes ... 1996). Our Supreme Court has cautioned that in sentencing under [ N.J.S.A. 2C:44-1(f)(2)], a court must apply the basic principles that ... 408 N.J. Super. 313 , 328-29 (App. Div. 2009). N.J.S.A. 2C:44-1(f)(2) is an "offense-oriented" provision. Lake , supra , 408 ... not a more appropriate sentence than a downgraded sentence under N.J.S.A. 2C:44-1(f)(2). Ibid. The trial judge did not identify compelling ...

docket:	a2728-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	105591

525 STATE OF NEW JERSEY v. ROSENDO S. GOMEZ-SERPAS -- rank: 643

... we conclude the trial court appropriately applied aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (likelihood that defendant will commit another offense), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of a criminal record), applied but gave ... s conduct was the result of circumstances unlikely to occur. N.J.S.A. 2C:44-1(b)(3)(5)(8). Defendant argues mitigating factor three applies ...

docket:	a4250-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	62309