Search Rutgers Law Library N.J. Court Opinions

691 STATE OF NEW JERSEY v. JAMES SGAMBATI -- rank: 621

... aggravating factors three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of his prior record and the seriousness of the offense committed, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). The court found mitigating factor six, that defendant would compensate the victim, N.J.S.A. 2C:44-1(b)(6), and ordered he pay $500 in restitution. The ... with regard to the witness tampering count, mitigating factor five, N.J.S.A. 2C:44-1(b)(5). The court was clearly convinced the aggravating factors ...

docket:	a5871-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	61940

692 STATE OF NEW JERSEY v. JAQUAN DALLAS -- rank: 621

... for deterring the defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3), (9). The court applied no mitigating factors. The ... In October 2020, our State Legislature passed an amendment to N.J.S.A. 2C:44-1(b) which added an additional mitigating factor fourteen: 'The defendant ... substantially influenced by another person more mature than the defendant .' N.J.S.A. 2C:44-1(b)(7), (8), (9), (13). A-1536-21 4 review ... we reject this argument. Defendant next argues the amendment to N.J.S.A. 2C:44-1(b) adding youth as a mitigating factor, which the Legislature ... v. Lane, 251 N.J. 84 (2022), which held that N.J.S.A. 2C:44-1(b)(14) applies only prospectively. '[N]othing in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that ...

docket:	a1536-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	18195

693 STATE OF NEW JERSEY v. DANNY C. FLORES -- rank: 621

... each factor. Defendant further contends that aggravating factor number one, N.J.S.A. 2C:44-1(a)(1), was an erroneous double counting, and that the ... asked the judge to find aggravating factors three and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(9 ... apply aggravating factor three, and instead found aggravating factor one. N.J.S.A. 2C:44-1(a)(1) (cruelty and 10 A-4283-15T4 depravity of the offense). The judge did apply mitigating factor seven. N.J.S.A. 2C:44-1(b)(7) (no prior recent criminal history). In considering the ...

docket:	a4283-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-02
status:	unpublished
citation:
Document Size:	37360

694 STATE OF NEW JERSEY v. R.J.R -- rank: 621

... for deterring the defendant and others from violating the law'). N.J.S.A. 2C:44- - 1(a)(2), (3), and (9). The judge's analysis was ... factor seven ('no history of prior delinquency or criminal activity'), N.J.S.A. 2C:44-1(b)(7), because defendant had prior criminal convictions albeit remote ... s conduct was the result of circumstances unlikely to recur'), N.J.S.A. 2C:44- 1(b)(8), reasoning that, while defendant's parole supervision and ... indicate that the defendant is unlikely to commit another offense'), N.J.S.A. 2C:44-1(b)(9), the judge found that any positive representations regarding ... excessive hardship to the defendant or the defendant’s dependents'), N.J.S.A. 2C:44-1(b)(11), stating that while defendant's son with 7 ... second degree for sentencing purposes occurs on a limited basis. N.J.S.A. 2C:44- 1(f)(2) provides a downgrade of an offense to ...

docket:	a4407-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-17
status:	Unpublished
citation:
Document Size:	44699

695 STATE OF NEW JERSEY v. ROBERTO RODRIGUEZ OCASIO -- rank: 621

... parole ineligibility. When balancing the mitigating and aggravating factors, see N.J.S.A. 2C:44-1(a) to (b), the court awarded numerical values to each ... following mitigating factors: 'conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(1) (mitigating factor one); 'defendant has no history of prior delinquency or criminal activity,' N.J.S.A. 2C:44-1(b)(7) (mitigating factor seven); and 'imprisonment of the defendant would entail excessive hardship,' N.J.S.A. 2C:44-1(b)(11) (mitigating factor eleven). The court applied 'very light ... aggravating factors: 'risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3) A-3481-20 14 (aggravating factor three); 'substantial ... likelihood that the defendant is involved in organized criminal activity,' N.J.S.A. 2C:44-1(a)(5) (aggravating factor five); and the 'need for ...

docket:	a3481-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-06
status:	Unpublished
citation:
Document Size:	48543

696 STATE OF NEW JERSEY v. NASIR SALAAM -- rank: 621

... aggravating factors three, six, and nine applied to defendant. 6 N.J.S.A. 2C:44-1(a)(3), (6) & (9). The judge found the absence of ... contemplate that his conduct would cause or threaten serious harm[,]" N.J.S.A. 2C:44-1(b)(2), "[t]here were substantial grounds tending to excuse ... justify . . . defendant's conduct, though failing to establish a defense[,]" N.J.S.A. 2C:44-1(b)(4), and "[t]he willingness of the defendant to cooperate with law enforcement authorities[,]" N.J.S.A. 2C:44-1(b)(12). None of those mitigating factors are supported by ... for deterring the defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(3), (6) & (9). This archive is a service of ...

docket:	a2288-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-02
status:	unpublished
citation:
Document Size:	49564

697 STATE OF NEW JERSEY v. JOSEPH T. JONES -- rank: 621

... at some length his reasons for finding aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant "will commit another offense." These ... the prior incident. The judge also found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. With respect to defendant's lack of a criminal history, mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), he gave defendant only "partial credit" because of ... Id. at 364. The "dominant, if not paramount, goal" of N.J.S.A. 2C:44 1's aggravating and mitigating factors "is uniformity in sentencing." Lawless ...

docket:	a4394-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	39532

698 STATE OF NEW JERSEY v. JACQUIM LOVELY -- rank: 621

... aggravating factors, three, he was likely to commit additional offenses, N.J.S.A. 2C:44-1(a)(3); six, he had a prior criminal record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter further criminal activity, N.J.S.A. 2C:44-1(a)(9). There were facts in the record supporting each ... six, defendant would compensate the victim or perform community service, N.J.S.A. 2C:44-1(b)(6). 1 The judge then balanced those factors and ...

docket:	a4025-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	35152

699 STATE OF NEW JERSEY v. YVONNE WALKER February -- rank: 621

... was committed in an especially heinous, cruel, or depraved manner. N.J.S.A. 2C:44-1(a)(1). Under factor one, the severity of defendant's ... the victim's advanced age in finding aggravating factors two, N.J.S.A. 2C:44-1(a)(2), and twelve, N.J.S.A. 2C:44-1(a)(12). Factor two directs the sentencing court to consider ... incapable of exercising normal physical or mental power of resistance[.] [ N.J.S.A. 2C:44-1(a)(2).] Factor twelve applies if the defendant committed the ... known was sixty years of age or older, or disabled. N.J.S.A. 2C:44-1(a)(12). Factor twelve is triggered solely by a victim ...

docket:	a5613-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	38038

700 STATE OF NEW JERSEY v. LARRY HILL -- rank: 621

... defendant now argues should have been raised by counsel, namely N.J.S.A. 2C:44-1(b)(4), (7), (8) and (9), are simply not applicable ... not circumstances tending to justify or excuse his criminal conduct. N.J.S.A. 2C:44-1(b)(4); see State v. Ghertler , 114 N.J. 383 ... a deliberate choice to lead a law abiding life. See N.J.S.A. 2C:44-1(b)(7). And lastly, nothing in the record indicates defendant ... present crimes were "the result of circumstances unlikely to recur," N.J.S.A. 2C:44-1(b)(8), or that he is "unlikely to commit another offense," N.J.S.A. 2C:44-1(b)(9). On the contrary, defendant's involvement with the ... also supported application of aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6) and (9), against which counsel could ...

docket:	a3291-11
court:	NJ Superior Court Appellate Division
decided:	2012-05-15
status:	unpublished
citation:
Document Size:	20124

701 STATE OF NEW JERSEY v. DONNELL W. ANCRUM -- rank: 621

... The judge found aggravating sentencing factors three and nine, see N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(9) (the need to deter), and mitigating factor ten. See N.J.S.A. 2C:44-1(b)(10) (defendant was likely to respond affirmatively to probation ...

docket:	a0932-16
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	published
citation:	449 N.J.Super. 526 159 A.3d 433
Document Size:	47241

702 STATE OF NEW JERSEY V. CHRISTIAN CORTES -- rank: 621

... In his merits brief, defendant argues: (1) mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... not have been given little weight; (2) mitigating factor eight, N.J.S.A. 2C:44- 1(b)(8) ('[t]he defendant's conduct was the result ... should have been given weight; and (3) mitigating factor two, N.J.S.A. 2C:44-1(b)(2) ('[t]he defendant did not contemplate that the ... period of time before the commission of the present offense.' N.J.S.A. 2C:44-1(b)(7) (emphasis added). The record is clear the sentencing ... offend. The sentencing judge attributed 'extreme' weight to factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit ... an extremely weighty aggravating factor. As for aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), ('[t]he need for deterring the defendant ...

docket:	a1064-22
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	46271

703 /usr/local/share/www/libweb/collections/courts/appellate/a2099-17.opn.html -- rank: 621

... and one mitigating factor. The judge found aggravating factor two, N.J.S.A 2C:44- - 1(a)(2) (the gravity and seriousness of the harm inflicted ... take advantage of the situation. He found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant would commit another offense ... also has . . . the indictable theft[.]' In finding aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent and seriousness of his record), the ... findings regarding factor three. Lastly, he found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence) because 'this is a ... excess.' The judge only found one mitigating factor, factor eleven, N.J.S.A. 2C:44-1(b)(11) (the imprisonment of defendant would be an excessive ... the judge gave too much weight to aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent and seriousness of his record). ...

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Document Size:	43042

704 STATE OF NEW JERSEY v. MARCUS TOLIVER -- rank: 618

... and circumstances of the offense and the role defendant played, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will commit another offense, 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). It also found one mitigating factor, defendant's lack of a prior criminal record. N.J.S.A. 2C:44-1(b)(7). The court found the aggravating factors substantially outweighed ... substantially influenced by another person more mature than the defendant. N.J.S.A. 2C:44-1(b)(13). That topic was covered in the mitigation report ... his conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), because defendant was under the influence of ...

docket:	a2406-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-21
status:	unpublished
citation:
Document Size:	21862

705 STATE OF NEW JERSEY v. TYRAN KELSEY -- rank: 618

... with the plea agreement. The sentencing judge found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9), and mitigating factor N.J.S.A. 2C:44-1(b)(11), applicable to each of defendant's convictions. As ...

docket:	a1619-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-02
status:	unpublished
citation:
Document Size:	21052