Search Rutgers Law Library N.J. Court Opinions

76 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 748

... sentencing. The sentencing judge found that aggravating factor nine applied, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant specifically and the public ... generally), but that it was offset by mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity), eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was result of circumstances unlikely to recur), nine, N.J.S.A. 2C:44-1(b)(9) (defendant is unlikely to recidivate), and ten, N.J.S.A. 2C:44-1(b)(10) (defendant would respond affirmatively to probationary treatment). The ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

77 STATE OF NEW JERSEY v. KEVIN M. LAMBORN -- rank: 748

... judge failed to consider the presumption of incarceration prescribed by N.J.S.A. 2C:44-1(d) before sentencing defendant to a probationary term on the ... incarceration applicable to the second-degree weapons charge pursuant to N.J.S.A. 2C:44-1(d). He found aggravating factor three, A-0740-19 3 ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44- 1(a)(3), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), '[t]he need for deterring the defendant and ... s conduct was the result of circumstances unlikely to recur,' N.J.S.A. 2C:44-1(b)(8), and mitigating factor ten, '[t]he defendant is particularly likely to respond affirmatively to probationary treatment,' N.J.S.A. 2C:44-1(b)(10). Finding the aggravating and mitigating factors were ...

docket:	a0740-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	24531

78 STATE OF NEW JERSEY v. FUQUAN STRIBLING -- rank: 748

... of which he has been convicted" under aggravating factor six, N.J.S.A. 2C:44-1(a)(6). However, the court predicated defendant's persistent offender ...

docket:	a1147-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-23
status:	unpublished
citation:
Document Size:	61883

79 STATE OF NEW JERSEY v. PRESTON O. TAYLOR -- rank: 748

... role in committing them was especially heinous, cruel, or depraved), N.J.S.A. 2C:44-1(a)(1); three A-2155-19 6 (risk of reoffending), N.J.S.A. 2C:44-1(a)(3); seven (pecuniary incentive), N.J.S.A. 2C:44-1(a)(7); and nine (need for deterrence), N.J.S.A. 2C:44- 1(a)(9); and mitigating factor twelve (cooperation with law enforcement), N.J.S.A. 2C:44-1(b)(12). The prosecutor contended that the aggravating factors outweighed ... factors seven (no history of prior delinquency or criminal activity), N.J.S.A. 2C:44-1(b)(7); eight (defendant's conduct is the result ...

docket:	a2155-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Unpublished
citation:
Document Size:	48915

80 STATE OF NEW JERSEY v. MATTHEW J. BREWER -- rank: 746

... unlike a third-degree offense, triggers a presumption of incarceration. N.J.S.A. 2C:44-1(d). In sentencing, the court normally imposes the presumptive sentence, as set forth in N.J.S.A. 2C:44-1(f). State v. Balfour , 135 N.J. 30, 35 (1994 ... court must find "a preponderance of aggravating or mitigating factors." N.J.S.A. 2C:44-1(f). Balfour , supra , 135 N.J. at 35. Here, defendant ... various mitigating factors. Defense counsel specifically invoked to the court N.J.S.A. 2C:44-1(d), a provision which allows a court to sentence a ... which overrides the need to deter such conduct by others." N.J.S.A. 2C:44-1(d). Under this particular exception, the presumption of imprisonment may ... N.J. Super. 500, 508-10 (App. Div. 2003) (applying N.J.S.A. 2C:44-1(d)). Here, the sentencing judge was unpersuaded by defense ...

docket:	a3745-13
court:	NJ Superior Court Appellate Division
decided:	2016-12-14
status:	unpublished
citation:
Document Size:	47429

81 STATE OF NEW JERSEY v. O.P.-B -- rank: 746

... factors two, the gravity and seriousness of the harm inflicted, N.J.S.A. 2C:44-1(a)(2), three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterring defendant and others, N.J.S.A. 2C:44-1(a)(9). The court explained its reasons for each of ... the State's argument for application of aggravating factor four, N.J.S.A. 2C:44- - 1(a)(4), defendant took advantage of a position of trust ... mitigating factor seven, that defendant had no prior criminal history , N.J.S.A. 2C:44-1(b)(7). As to factor eight, that his conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), and mitigating factor nine, the character and ...

docket:	a0256-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	52317

82 STATE OF NEW JERSEY v. MARIO J. ADAMS -- rank: 746

... support of its sentence, the court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense, and the role of the actor'); two, N.J.S.A. 2C:44-1(a)(2) ('gravity and seriousness of the harm inflicted on ... offender's knowledge of victim's incapacity to resist); three, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending); six, N.J.S.A. 2C:44-1(a)(6) (prior record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). Those factors substantially outweighed any ... The court adequately supported its finding of aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense and ...

docket:	a1021-14
court:	NJ Superior Court Appellate Division
decided:	2019-02-19
status:	Unpublished
citation:
Document Size:	76779

83 STATE OF NEW JERSEY v. WAYNE E. MEYERS -- rank: 744

... offenses, which carry a maximum term of ten years. See N.J.S.A. 2C:44-1(a)(3), (9), (11); N.J.S.A. 2C:44-1(b)(7), (10). A-3199-18 6 In 2005, defendant ... overcome the presumption of incarceration for second-degree offenses. See N.J.S.A. 2C:44-1(d) (requiring the imposition of a sentence of imprisonment upon ... imprisonment as was presumptively required for second degree crimes under N.J.S.A. 2C:44-1(d)' and '[t]here was no legal basis for the ... one act of domestic violence on more than one occasion,' N.J.S.A. 2C:44-1(a)(15), the judge rejected the State's reliance on 'the statutory presumption of incarceration' contained in N.J.S.A. 2C:44-1(d) to support its position that a sentence of ...

docket:	a3199-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	41674

84 STATE OF NEW JERSEY v. JONATHAN HUTCHINSON -- rank: 744

... the second-degree convictions to third-degree crimes pursuant to N.J.S.A. 2C:44-1(f)(2). He does not disagree with the aggravating or ... of the crime for which he [or she] was convicted." N.J.S.A. 2C:44-1(f)(2) (emphasis added). The reasons for downgrading must be ... factor[s]": 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 ...

docket:	a1377-05
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	153575

85 STATE OF NEW JERSEY v. RHUMEIR D. MONEY -- rank: 744

... J. 317, 337 (2015). The court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the 'nature and circumstances of the offense' and ... committed in an especially heinous, cruel or depraved manner'); three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will reoffend); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence), and determined, 'on a ... they 'clearly, convincingly and substantially outweigh[ed]' mitigating factors three, N.J.S.A. 2C:44-1(b)(3) ('defendant acted under strong provocation'); five, N.J.S.A. 2C:44-1(b)(5) (the victim induced or facilitated the commission of the crime); and seven, N.J.S.A. 2C:44-1(b)(7) ('defendant has no history of prior delinquency ...

docket:	a5289-17
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	90031

86 STATE OF NEW JERSEY VS. JENNIFER SWEENEY -- rank: 742

Original Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case and ...

docket:	a3186-21
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	133967

87 STATE OF NEW JERSEY v. ANGEL E. CESAR -- rank: 742

... unfair. We disagree. Here, the 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 the defendant's prior criminal record and the seriousness of the offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a0831-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	69939

88 State v. Michael D. Miller -- rank: 742

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed and distributed by Miller ... committed in an especially heinous, cruel, or depraved manner.” N.J.S.A. 2C:44-1(a)(1). When it assesses whether a defendant’s conduct ... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed and distributed by Miller ... t]he nature and circumstances of the offense.” See N.J.S.A. 2C:44-1(a)(1). In applying aggravating factor one, the court noted ... aggravating factor two, the gravity of harm to the victim ( N.J.S.A. 2C:44-1(a)(2)); aggravating factor three, the risk “defendant will ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not “‘ ...

docket:	a-70-17
court:	NJ Supreme Court
decided:	2019-02-20
status:
citation:	237 N.J. 15 203 A.3d 102
Document Size:	55711

89 /usr/local/share/www/libweb/collections/courts/appellate/a1303-05_1.opn.html -- rank: 740

... of two of the aggravating factors found by the court, N.J.S.A. 2C:44-1(a)(2), the seriousness of the harm inflicted on the victim, and N.J.S.A. 2C:44-1(a)(9), the need for deterrence. He argues that his ... inadequate basis for the other two aggravating factors, which were N.J.S.A. 2C:44-1(a)(3), the risk that he would commit another offense, and N.J.S.A. 2C:44-1(a)(6), the extent of his record in conjunction with ... nature of the offense against a victim incapable of resistance, N.J.S.A. 2C:44-1(a)(2), the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), defendant's prior record, N.J.S. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68654

90 STATE OF NEW JERSEY v. MICHAEL A. MARTIN -- rank: 740

... same sentence, to run concurrently. The court found aggravating factors N.J.S.A. 2C:44-1(a)(1) and (3) were applicable. It also found aggravating factors N.J.S.A. 2C:44-1(a)(5), (6), and (9) appropriate, but gave those factors little weight. Finally, the court found mitigating factor N.J.S.A. 2C:44- 1(b)(11) applied as well. Specifically, as to aggravating factor ... was committed in an especially heinous, cruel, or depraved manner[,]' N.J.S.A. 2C:44-1(a)(1)—the court said: Aggravating factor [one] is ... substantial likelihood that [Martin was] involved in organized criminal activity.' N.J.S.A. 2C:44-1(a)(5). Martin admitted to his gang affiliation in his ...

docket:	a1023-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	104044