Search Rutgers Law Library N.J. Court Opinions

526 STATE OF NEW JERSEY v. JOHN B. VERNICEK -- rank: 643

... of imprisonment. Judge Oxley also concluded that aggravating factors three, N.J.S.A. 2C:44-1(a)(3), ('[t]he risk that the defendant will commit another offense'); six, N.J.S.A. 2C:44- 1(a)(6) ('[t]he extent of the defendant's prior ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44- 1(a)(9) ('[t]he need for deterring the defendant and ...

docket:	a4130-18
court:	NJ Superior Court Appellate Division
decided:	2021-01-28
status:	Unpublished
citation:
Document Size:	53522

527 /usr/local/share/www/libweb/collections/courts/appellate/a0203-18.opn.html -- rank: 643

... 18T2 22 1(a)(3), six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6), and nine, the need to deter defendant, N.J.S.A. 2C:44-1(a)(9). The judge also considered and applied mitigating factor eleven, that imprisonment would cause excessive hardship, N.J.S.A. 2C:44-1(b)(11). While he did not apply mitigating factors one ... two, defendant's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1), and defendant did not think his conduct would threaten or cause serious harm, N.J.S.A. 2C:44-1(b)(2), respectively, the judge considered them, and rejected their ...

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528 STATE OF NEW JERSEY v. MAURICE L. SKILLMAN -- rank: 643

... Here, the judge found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment will cause excessive hardship to ... resentenced. When sentencing Tucker, the judge found aggravating factor three. N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense). The ... beyond reasonable comprehension.' The judge also found aggravating factor six. N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... related offenses. In addition, the judge found aggravating factor nine. N.J.S.A. 2C:44- 1(a)(9) (need to deter defendant and others from violating ...

docket:	a0737-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-29
status:	Unpublished
citation:
Document Size:	58225

529 STATE OF NEW JERSEY v. NORVELL O. PENDLETON JR -- rank: 643

... court balances 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 ... factor (3), the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); (6), the extent of defendant's prior criminal ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and (9), the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor (5), the ... victim of defendant's conduct induced or facilitated its commission, N.J.S.A. 2C:44-1(b)(5). The judge concluded that the aggravating factors "clearly ...

docket:	a5238-09
court:	NJ Superior Court Appellate Division
decided:	2013-03-01
status:	unpublished
citation:
Document Size:	34260

530 STATE OF NEW JERSEY v. ROBERT W. OLIVER -- rank: 640

... defendant to the presumption of imprisonment under subsection d. of [ N.J.S.A. ] 2C:44-1. The determination by the court shall not be subject to ... presumption of imprisonment authorized or required by subsection d. of [ N.J.S.A. ] 2C:44-1, or a basis for not imposing a term of imprisonment ...

docket:	a0593-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41100

531 STATE OF NEW JERSEY v. ANDRE GRAVES-BYRD -- rank: 640

... on count four. The trial judge found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (the risk of committing another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for A-4451-17T1 4 deterrence ... that his trial counsel failed to argue mitigating factors three, N.J.S.A. 2C:44-1(b)(3) ('defendant acted under a strong provocation'); four, N.J.S.A. 2C:44-1(b)(4) ('there were substantial grounds tending to excuse or justify the defendant's conduct'); five, N.J.S.A. 2C:44-1(b)(5) ('the victim of the defendant's conduct ...

docket:	a4451-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-24
status:	Unpublished
citation:
Document Size:	23270

532 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 640

... defendant to the presumption of imprisonment under subsection d. of [ N.J.S.A. ] 2C:44-1. The determination by the court shall not be subject to ... presumption of imprisonment authorized or required by subsection d. of [ N.J.S.A. ] 2C:44-1, or a basis for not imposing a term of imprisonment ...

docket:	a1505-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41099

533 STATE OF NEW JERSEY v. CYNTHIA RIVERA -- rank: 640

... defendant argues the judge failed to find mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (defendant's willingness to cooperate with law enforcement ... of the aggravating and mitigating factors, particularly aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk of committing A-2188-21 2 another offense), and mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate an unlikelihood ... plea agreement. The judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(9) (general and specific deterrence) outweighed mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (defendant had no history of criminal activity as ... all sentencing proceedings on or after October 19, 2020. See N.J.S.A 2C:44-1(b)(14); L. 2020, c. 110. [(Id. at 303- ...

docket:	a2188-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-18
status:	Unpublished
citation:
Document Size:	26596

534 STATE OF NEW JERSEY v. JAMES S. GOYDOS -- rank: 640

... considering the mitigating factors requested by defendant, the court found N.J.S.A. 2C:44-1(b)(6) applicable and gave that factor 'slight to moderate ... to participate in communi ty programs . . . .' The court also found N.J.S.A. 2C:44-1(b)(7) applicable and A-4504-19 5 gave it ... because defendant had 'no history . . . of criminal activity.' In considering N.J.S.A. 2C:44-1(b)(8), the judge found the factor applicable and assigned ... unlikely that this conduct would ever be repeated . . . .' In finding N.J.S.A. 2C:44-1(b)(9) applicable, the judge gave it 'moderate weight.' He ... re-offense under all these circumstances.' The court also found N.J.S.A. 2C:44-1(b)(10) applicable and gave it 'moderate to significant weight ... found two aggravating factors applicable. He assigned 'moderate weight' to N.J.S.A. 2C:44-1(a)(4) 'because of the nature of [defendant's] ...

docket:	a4504-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-25
status:	Unpublished
citation:
Document Size:	28719

535 /usr/local/share/www/libweb/collections/courts/appellate/a5385-14.opn.html -- rank: 640

... 364-65). Here, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

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court:	NJ Superior Court Law/Chancery Division
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536 /usr/local/share/www/libweb/collections/courts/appellate/a3357-14a3395-14.opn.html -- rank: 640

... Flagler, the court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), and no mitigating factors. The court ... sentencing Wilson, the court found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3), (9), and no mitigating factors. The court explained ...

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537 STATE OF NEW JERSEY v. TRACY ANDERSON -- rank: 640

... as to which there is no presumption of incarceration, see N.J.S.A. 2C:44-1(e)  or, alternatively, second-degree eluding, as to which a custodial term is presumed. See N.J.S.A. 2C:44-1(d). The critical difference of gradation is whether defendant's ...

docket:	a2848-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-14
status:	unpublished
citation:
Document Size:	55179

538 STATE OF NEW JERSEY v. TYRICK MIRANDA, -- rank: 640

... 16T1 24 deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a) (3), (6), (9). The judge found no mitigating factors ... the judge erred by failing to find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment will cause excessive hardship to defendant or ...

docket:	a5268-16
court:	NJ Superior Court Appellate Division
decided:	2020-01-02
status:	Unpublished
citation:
Document Size:	50780

539 /usr/local/share/www/libweb/collections/courts/appellate/a1869-16.opn.html -- rank: 640

... advanced age and poor health when finding aggravating factor twelve. N.J.S.A. 2C:44-1(a)(12) ('The defendant committed the offense against a person ... record, the court also found aggravating factors three and nine. N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense.'); N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... the law.'). The court did not utilize aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ('[T]he defendant knew or reasonably should have ... twelve. The court also did not find aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13) (The defendant 'used or was in possession of ... two sentencing factors 'touch on a defendant's youthful status,' N.J.S.A. 2C:44-1(b)(13) ('The conduct of a youthful defendant was ...

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540 STATE OF NEW JERSEY v. TORRENCE THOMPSON -- rank: 640

... certain mitigating factors. The trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... that the trial court should have found mitigating factor two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would cause serious harm to any person); and four, N.J.S.A. 2C:44-1(b)(4) (circumstances tending to justify and excuse the offense ...

docket:	a4194-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	38404