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736 STATE OF NEW JERSEY v. WALEK P. DUNLAP -- rank: 616

... convictions), and nine (the need to deter defendant and others). N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found no mitigating factors ... factors three (risk of recidivism) and nine (need to deter ). N.J.S.A. 2C:44-1(a)(3), (9). The sentencing judge concluded with respect to ... justify defendant's conduct though failing to establish a defense). N.J.S.A. 2C:44- - 1(b)(4). Defendant claimed he was under the influence of ... probation) in view of defendant's violations of special probation. N.J.S.A. 2C:44-1(b)(10). Because there were no mitigating factors, the court ...

docket:	a4526-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-06
status:	Published
citation:
Document Size:	52486

737 STATE OF NEW JERSEY VS. JESSICA S. MATRONGOLO -- rank: 616

... she is presently subject to the presumption of imprisonment in N.J.S.A. 2C:44-1(d) or to a mandatory term of parole ineligibility. If ... presently subject to the presumption of imprisonment as defined in N.J.S.A. 2C:44-1(d) or to a mandatory term of parole ineligibility, he ...

docket:	a1098-23
court:	appellate
decided:	2024-07-01
status:	Published
citation:
Document Size:	40992

738 STATE OF NEW JERSEY v. RICHARD B. JONES -- rank: 616

... applicable aggravating and mitigating factors and applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of the harm inflicted ... whether defendant knew that the victim was particularly vulnerable); three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring defendant and others from ... The court did not find any mitigating factors applicable under N.J.S.A. 2C:44-1(b). With respect to aggravating factor two, the judge recognized ... of the enumerated mitigating factors to be weighed pursuant to N.J.S.A. 2C:44-1(b). Having reviewed the record, it is evident that ...

docket:	a6223-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-12
status:	unpublished
citation:
Document Size:	28483

739 STATE OF NEW JERSEY v. ERIC NA-EEM ROCK -- rank: 616

... however, to insure that the sentencing guidelines set forth in N.J.S.A. 2C:44-1(a) and (b) have been met and the sentence is ... The judge appropriately considered the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). His conclusion that there were no mitigating ... three aggravating factors was adequately supported by the record. See N.J.S.A. 2C:44-1(a)(3), (6), and (9) (accounting for the risk that ...

docket:	a2636-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-24
status:	unpublished
citation:
Document Size:	63743

740 STATE OF NEW JERSEY v. J.H. -- rank: 616

... was committed in an especially heinous, cruel, or depraved manner[.]" N.J.S.A. 2C:44-1(a)(1). We agree. The judge also found aggravating factor ... gravity and seriousness of the harm inflicted on the victim[.]" N.J.S.A. 2C:44-1(a)(2). X.W. was nine and ten years old ... judge found defendant was at risk to commit another offense. N.J.S.A. 2C:44-1(a)(2). In addition to the above, the judge found ... sentence [would] depreciate the seriousness of the defendant's offense," N.J.S.A. 2C:44-1(a)(4); the content and extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(6); and, the "need for deterring the defendant and others from violating the law[,]" N.J.S.A. 2C:44-1(a)(9). The judge did not find any mitigating ...

docket:	a3396-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-06
status:	unpublished
citation:
Document Size:	43187

741 /usr/local/share/www/libweb/collections/courts/appellate/a0680-19.opn.html -- rank: 616

... factors 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 ... seriousness of the offenses for which defendant had been convicted, N.J.S.A. 2C:44-1(a)(6); and nine, the A-0680-19 23 need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9). The judge found two mitigating factors: one, defendant's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1); and two, defendant did not contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). The trial court correctly rejected defendant's request ... his conduct or will participate in a community service program, N.J.S.A. 2C:44-1(b)(6). That factor applies only when a defendant ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	41529

742 STATE OF NEW JERSEY v. JAMILLAH FULLMAN -- rank: 616

... consider the specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ...

docket:	a3032-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-01
status:	unpublished
citation:
Document Size:	66529

743 STATE OF NEW JERSEY v. ALEX JONES -- rank: 616

... should be imposed. The court found applicable aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... the law. The court found no mitigating factors applicable under N.J.S.A. 2C:44-1(b). The court explained its findings on the record. We ...

docket:	a2221-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-10
status:	unpublished
citation:
Document Size:	45944

744 STATE OF NEW JERSEY v. MICHAEL GRAY -- rank: 616

... three aggravating factors: the nature and circumstances of the offense, 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 from committing further violations of the law, N.J.S.A. 2C:44-1(a)(9). The court sentenced defendant to a six-year ... grounds tending to excuse or justify the defendant's conduct," N.J.S.A. 2C:44-1(b)(4); (2) "The defendant has compensated or will compensate ... sustained, or will participate in a program of community service," N.J.S.A. 2C:44-1(b)(6); (3) "The defendant has no history of prior ... period of time before the commission of the present offense," N.J.S.A. 2C:44-1(b)(7); (4) "The defendant's conduct was the ...

docket:	a5703-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	19153

745 STATE OF NEW JERSEY v. JASON A. LEONARD -- rank: 616

... a "defendant's conduct neither caused nor threatened serious harm." N.J.S.A. 2C:44-1(b)(1). Similarly, mitigating factor two applies if a "defendant ... contemplate that his conduct would cause or threaten serious harm." N.J.S.A. 2C:44-1(b)(2). Defendant argues that both mitigating factors one and ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). Defendant certified that incarceration would complicate his family ... considers defendant's "willingness . . . to cooperate with law enforcement authorities." N.J.S.A. 2C:44-1(b)(12). Defendant argues that he "undoubtedly cooperated with law ... at 613 (questioning whether a confession qualifies as "cooperation" under N.J.S.A. 2C:44-1(b)(12)). Defendant makes no claim he provided law enforcement ...

docket:	a5577-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-25
status:	unpublished
citation:
Document Size:	46360

746 /usr/local/share/www/libweb/collections/courts/appellate/a4970-15a5531-15.opn.html -- rank: 616

... judge made findings regarding the applicable aggravating and mitigating factors N.J.S.A. 2C:44-1(a) and N.J.S.A. 2C:44-1(b). The judge found one aggravating factor (9), which he ... to N.J.S.A. 2C:43-6.2 and N.J.S.A. 2C:44-1(d) because the facts before the judge, as well as ... from the presumption of incarceration for a second-degree crime. N.J.S.A. 2C:44-1(d).2 In other words, we are called upon to ... 15T2 In Nance, the Court addressed the serious injustice exception: N.J.S.A. 2C:44-1(d) provides: The court shall deal with a person who ... quoting State v. Rivera, 124 N.J. 122, 125 (1991)). N.J.S.A. 2C:44-1(d) thus imposes a high standard that must be ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23395

747 STATE OF NEW JERSEY v. CLETUS J. HONORE, JR -- rank: 616

... number three, the risk that defendant will commit another offense, N.J.S.A. 2C:44- 1(a)(3), because the jury convicted him of four crimes ... court also found aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), because defendant was a young man and there ... The court found mitigating factor seven, no adult criminal record, N.J.S.A. 2C:44-1(b)(7), because 5 In responding to defendant's argument ... factor one, the nature of the crime must be heinous, N.J.S.A. 2C:44-1(a)(1), or two, a unique harm inflicted on an individual, N.J.S.A. 2C:44-1(a)(2), even though the shooting was 'totally senseless.' The ...

docket:	a5069-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-01
status:	Unpublished
citation:
Document Size:	37683

748 STATE OF NEW JERSEY v. ARTHUR F. WILDGOOSE -- rank: 616

... a mitigating factor defendant's lack of a prior record, N.J.S.A. 2C:44-1(b)(7). The trial court found aggravating factors three, the risk of recidivism, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterrence, N.J.S.A. 2C:44-(1)(a)(9), outweighed the single mitigating factor. Similar to Rivers ...

docket:	a2303-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-24
status:	Unpublished
citation:
Document Size:	38250

749 STATE OF NEW JERSEY v. JOHN C. VANNESS -- rank: 614

... contemplate that [his] conduct would cause or threaten serious harm,' N.J.S.A. 2C:44-1(b)(2); and factor four: 'There were substantial grounds tending ... the defendant's conduct, though failing to establish a defense,' N.J.S.A. 2C:44-1(b)(4). Defendant contends that because the court found mitigating ... The defendant's conduct neither caused nor threatened serious harm,' N.J.S.A. 2C:44-1(b)(4), the 'same logic' applies to mitigating factor two ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' Case, 220 ... and nine A-1901-18 22 (the need to deter), N.J.S.A. 2C:44-1(a) (3), (6), and (9). The judge then addressed the ... whether the victim's conduct induced or facilitated the crime), N.J.S.A. 2C:44-1(b)(5), and eight (defendant's conduct was the ...

docket:	a1901-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-26
status:	Unpublished
citation:
Document Size:	44556

750 STATE OF NEW JERSEY v. JAMES D. DIXON -- rank: 614

... In particular, the court found the following aggravating factors under N.J.S.A. 2C:44-1: the risk of defendant committing another offense, defendant’s criminal ...

docket:	a1798-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-25
status:	unpublished
citation:
Document Size:	83050