Search Rutgers Law Library N.J. Court Opinions

751 STATE OF NEW JERSEY v. ISAAC P. ROSS -- rank: 614

... the defendant's conduct, though failing to establish a defense'), N.J.S.A. 2C:44-1(b)(4); and (2) the extended-term sentence imposed under ... the sentencing court's 'sound judgment' after weighing aggravating factors ( N.J.S.A. 2C:44-1(a)) against the mitigating factors ( N.J.S.A. 2C:44-1(b)). See Pierce, 188 N.J. at 168-69 ('[W ... 5 In doing so, the judge found 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) (specific and general deterrence) applied. The judge ...

docket:	a4643-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-28
status:	Unpublished
citation:
Document Size:	34928

752 /usr/local/share/www/libweb/collections/courts/appellate/a3295-10.opn.html -- rank: 614

... circumstances of the offense and the role of the actor, N.J.S.A. 2C:44-1(a)(1); two, the gravity and seriousness of the harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, defendant's prior criminal record and the ... 3295-10T3 18 offenses of which he had been convicted, 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). All those findings are supported by substantial credible ...

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753 STATE OF NEW JERSEY v. CARLOS ROJAS -- rank: 614

... sentence. At sentencing, the court found that aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('risk that defendant will commit another' crime), and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter), applied to defendant, as did mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (no prior criminal history). It concluded that 'the ...

docket:	a4358-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-20
status:	unpublished
citation:
Document Size:	83155

754 STATE OF NEW JERSEY v. WILLIAM SIMKINS -- rank: 614

... AND CIRCUMSTANCES COMPELLING SENTENCE IN THE THIRD DEGREE PURSUANT TO N.J.S.A. 2C:44-1(f)(2). POINT III : THE TRIAL COURT ERRED IN REJECTING ... must consider specifically enumerated aggravating and mitigating circumstances identified in N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... in degree of the crime from second to third degree. N.J.S.A. 2C:44-1(f)(2); Megargel , supra , 143 N.J. at 504-05 ... for deterring the defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(3),(9). He found as a "moderate" aggravating factor ... seriousness of the offenses of which he has been convicted[.]" N.J.S.A. 2C:44-1(a)(6). The judge also found as "marginal" mitigating factor ... the defendant indicate he is unlikely to commit another offense[.]" N.J.S.A. 2C:44-1(b)(8),(9). The judge found as a "significant ...

docket:	a3318-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-14
status:	unpublished
citation:
Document Size:	18017

755 STATE OF NEW JERSEY v. LUIS A. MASSA -- rank: 614

... after the second trial, the court found aggravating factor two, N.J.S.A. 2C:44-1(a)(2) ('gravity and seriousness of harm inflicted,' including the ... of each offense.' The judge also found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (risk of reoffending); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). The judge found, clearly and ... that those factors substantially outweighed the sole mitigating factor, seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal history). The court had ...

docket:	a2362-17
court:	NJ Superior Court Appellate Division
decided:	2021-11-04
status:	Unpublished
citation:
Document Size:	74973

756 STATE OF NEW JERSEY v. TOMAS C. LLOYD-JONES -- rank: 614

... to overturn the court's finding of aggravating factor six, N.J.S.A. 2C:44-1(a)(6). Moreover, the court found the risk that Lloyd ... to overturn the court's finding of aggravating factor three, N.J.S.A. 2C:44-1(a)(3). See Grate , supra , 220 N.J. at 337 ... to overturn the court's finding of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9). See Grate , supra , 220 N.J. at 337 ... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). The court properly found that mitigating factor was ...

docket:	a3089-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	69421

757 STATE OF NEW JERSEY v. FRANCISCO MARRERO -- rank: 614

... of the offense and the role of the actor therein," N.J.S.A. 2C:44-1(a)(1), can be an aggravating factor if "defendant did ... contemplate that his conduct would cause or threaten serious harm[?]" N.J.S.A. 2C:44-1(b)(2). The judge provided no explanation for this apparent ... Moreover, the judge found that aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3), (9), "always exist[,]" without offering any insight as ...

docket:	a5378-07
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	78342

758 STATE OF NEW JERSEY v. JAMES A. BROADWATER -- rank: 614

... another offense), six (extent of prior record), and nine (deterrence). N.J.S.A. 2C:44-1(a)(3), (6), and (9). He found no statutory mitigating factors. N.J.S.A. 2C:44-1(b). The judge imposed the recommended sentence of incarceration for ... was "the risk that the defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). We disagree. Broadwater had several prior convictions, including ... his conduct for the damage or injury that he sustained." N.J.S.A. 2C:44-1(b)(6). Again, we disagree. Broadwater maintains that he should ... willingness of the defendant to cooperate with law enforcement authorities." N.J.S.A. 2C:44-1(b)(12). The record, however, reflects that Broadwater made his ...

docket:	a3593-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-14
status:	unpublished
citation:
Document Size:	51823

759 STATE OF NEW JERSEY v. KURT V. SMITH -- rank: 612

... NERA. He found aggravating factors three (risk of re-offense), N.J.S.A. 2C:44-1(a)(3); six (extent of prior criminal history), N.J.S.A. 2C:44- 1(a)(6); and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9). He also found A-2068-21 23 mitigating ... did not contemplate that his conduct would cause serious harm), N.J.S.A. 2C:44-1(b)(2). The judge qualitatively analyzed the aggravating and mitigating ...

docket:	a2068-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-14
status:	Unpublished
citation:
Document Size:	45704

760 STATE OF NEW JERSEY v. SHURQUAN SWEET -- rank: 612

... a probationary sentence . The court found applicable aggravating factors three, N.J.S.A. 2C:44-1(a)(3), risk of reoffending, and nine, N.J.S.A. 2C:44-1(a)(9), the need to deter. The court also found applicable mitigating factor ten, N.J.S.A. 2C:44-1(b)(10), the defendant is likely to respond affirmatively to ... second-degree offense precluded it from doing so, pursuant to N.J.S.A. 2C:44-1(d). Specifically, the court noted it could not find, in accordance with N.J.S.A. 2C:44-1(d), that imprisonment would be a serious injustice which overrode ... a term of imprisonment for a third-degree offense. See N.J.S.A. 2C:44-1(f)(2). II On appeal, defendant asserts the following ...

docket:	a2190-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-27
status:	unpublished
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Document Size:	18464

761 STATE OF NEW JERSEY v. LLOYD G. EDMISTEN -- rank: 612

... could have been reduced to the third-degree range under N.J.S.A. 2C:44-1(f)(2) if the mitigating factors outweighed the aggravating factors ... seven-year sentence because such a sentence was permissible under N.J.S.A. 2C:44-1(f)(2). He then argues appellate counsel was ineffective for ... authority to reduce the degree of his sentence. Defendant cites N.J.S.A. 2C:44-1(f)(2), which permits a court to "sentence the defendant ... that of the crime for which he was convicted." However, N.J.S.A. 2C:44-1(f)(2) allows the sentencing court to do so only ...

docket:	a5119-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	54300

762 STATE OF NEW JERSEY v. BILL ALEXIS -- rank: 612

... sentence. In imposing the sentence, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) (the risk that the defendant will commit another offense), and N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others from violating the law), and mitigating factors N.J.S.A. 2C:44-1(b)(6) (defendant will participate in a program of community service), and N.J.S.A. 2C:44-1(b)(7) (this was defendant's first indictable offense). 2 ...

docket:	a2571-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	unpublished
citation:
Document Size:	25756

763 STATE OF NEW JERSEY v. HASSAN A. MUHAMMAD -- rank: 612

... three, six, and nine, which defendant does not dispute. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of . . . defendant's prior criminal ... of the offenses of which he has been convicted'); and N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring . . . defendant and others ... childcare responsibilities to support mitigating factors four and eleven. See N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to excuse ... the defendant's conduct, though failing to establish a defense'); N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a3017-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-15
status:	Unpublished
citation:
Document Size:	36590

764 STATE OF NEW JERSEY v. CASCHE ALFORD -- rank: 612

... defendant's prior criminal record); and nine (need to deter). N.J.S.A. 2C:44-1(a)(3), (6), (9). Specifically, the judge applied aggravating factor ... defendant's conduct, though failing to establish a defense.' See N.J.S.A. 2C:44-1(b)(4). Defendant asserts her youth was a mitigating factor ... three years later, on October 19, 2020, the Legislature amended N.J.S.A. 2C:44-1 to include youth as a mitigating factor. See N.J.S.A. 2C:44-1(b)(14). In State v. Bellamy, 468 N.J. Super ... statute was enacted in 2020. Defendant does not argue that N.J.S.A. 2C:44-1(b)(14) should apply retroactively. A-2251-20 18 This ...

docket:	a2251-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-25
status:	Unpublished
citation:
Document Size:	33322

765 /usr/local/share/www/libweb/collections/courts/appellate/a1694-19.opn.html -- rank: 612

... s criminal history), and nine (general and specific deterrence). See N.J.S.A. 2C: 44-1(a)(3), (6), and (9). The judge found no mitigating ... to find mitigating factor eleven. A-1694-19 18 See N.J.S.A. 2C:44-1(b)(11) (imprisonment 'would entail excessive hardship to the defendant ...

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court:	NJ Superior Court Law/Chancery Division
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