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766 STATE OF NEW JERSEY v. Darrick -- rank: 612

... aggravating factors three, risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor seven, no history of prior delinquency or criminal activity, applied. N.J.S.A. 2C:44-1(b)(7). Defendant now claims that the judge erred by ... willingness of the defendant to cooperate with law enforcement authorities. N.J.S.A. 2C:44-1(b)(12). It is questionable whether a defendant's confession ...

docket:	a2631-12
court:	New Jersey Superior Court Appellate Division
decided:	2016-01-01
status:	Published
citation:
Document Size:	57086

767 STATE OF NEW JERSEY v. JANICE ALLEN -- rank: 612

... contend that the court should have found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (excessive hardship). Additionally, Allen separately argues that the ... 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." State v ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). Here, we conclude the hardships asserted by defendants ...

docket:	a4186-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-07
status:	unpublished
citation:
Document Size:	67123

768 STATE OF NEW JERSEY v. RASHEEM WHITE -- rank: 612

... sentencing, the judge must identify the relevant aggravating factors of N.J.S.A. 2C:44-1(a) and the relevant mitigating factors of N.J.S.A. 2C:44-1(b), "determine which factors are supported by a preponderance of ... judge found no mitigating factors. He found aggravating Factor One, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and defendant's role); Factor Three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense); and Factor Six, N.J.S.A. 2C:44-1(a)(6) (extent of prior criminal record and seriousness of ...

docket:	a3967-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-28
status:	unpublished
citation:
Document Size:	45061

769 STATE OF NEW JERSEY v. TODD DORN -- rank: 612

... defendant." The court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), (6) (extensive prior ...

docket:	a6189-12
court:	NJ Superior Court Appellate Division
decided:	2016-09-26
status:	unpublished
citation:
Document Size:	82853

770 STATE OF NEW JERSEY v. JULLIAN OREE -- rank: 610

... aggravating factors: 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 like him from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge did not find any mitigating factors ... and mitigating factors set forth 15 A-0968-14T1 in N.J.S.A. 2C:44-1(a) and (b) that apply to the case' and '[t ... judge's 16 A-0968-14T1 finding of aggravating factor N.J.S.A. 2C:44-1(a)(3) is not supported by the record and his ... his conduct for the damage or injury that he sustained, N.J.S.A. 2C:44-1(b)(6); defendant has no history of prior delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7); and defendant's character and attitude indicate ...

docket:	a0968-14
court:	NJ Superior Court Appellate Division
decided:	2018-06-26
status:	unpublished
citation:
Document Size:	57074

771 STATE OF NEW JERSEY v. ROBERT C. GRILLO -- rank: 610

... this indictment. The judge found aggravating factors three and nine. N.J.S.A. 2C:44- 1(a)(3) (the risk of re-offense); -1(a)(9 ... these offenses, so the judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal history). 6 He then ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not ''substitute [their] assessment ...

docket:	a0922-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-11
status:	Unpublished
citation:
Document Size:	60159

772 /usr/local/share/www/libweb/collections/courts/appellate/a2891-17.opn.html -- rank: 610

... we remand for resentencing without consideration of aggravating factor one, N.J.S.A. 2C:44-1(a)(1). In doing so, we find insufficient merit in ... nine (the need to deter) on the felony murder conviction, N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9). The court also found ... the litany of mitigating factors argued by defense counsel, see N.J.S.A. 2C:44-1(b)(1), (2), (7), (8), (9), (10), (11), (12) and ... thirteen (he was substantially influenced by a more mature individual). N.J.S.A. 2C:44-1(b)(2) and (13). As the trial court reasonably determined ... incapable of exercising normal physical or mental power of resistance . . . .' N.J.S.A. 2C:44-1(a)(2). 'Aggravating factor two 'focuses on the setting of ... was committed in an especially heinous, cruel, or depraved manner . . . .' N.J.S.A. 2C:44-1(a)(1). 'In appropriate cases, a sentencing court may ...

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773 STATE OF NEW JERSEY JEROME SHAW, JR. -- rank: 610

... multi-state criminal record, which supported finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of prior criminal record and seriousness of offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others). Those factors substantially outweighed mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would be excessive hardship on dependents). Defendant ...

docket:	a2058-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	65012

774 STATE OF NEW JERSEY v. CARLOS B. GONZALEZ -- rank: 610

... factors three, five, and nine, and mitigating factor seven. See N.J.S.A. 2C:44-1(a)(3), '[t]he risk that the defendant will commit another offense;' N.J.S.A. 2C:44-1(a)(5), '[t]here is a substantial likelihood that the defendant is involved in organized criminal activity;' and N.J.S.A. 2C:44- 1(a)(9), '[t]he need for deterring the defendant and others from violating the law[.]' See also N.J.S.A. 2C:44-1(b)(7), '[t]he defendant has no history of prior ... sentencing mitigating factors two, seven, eight, nine, and thirteen. See N.J.S.A. 2C:44-1(b)(2), '[t]he defendant did not contemplate that his conduct would cause or threaten serious harm;' N.J.S.A. 2C:44-1(b)(8), '[t]he defendant’s conduct was the ...

docket:	a5870-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-07
status:	Unpublished
citation:
Document Size:	24576

775 STATE OF NEW JERSEY VS. TERRANCE V. NOKES -- rank: 610

... of domestic violence committed in the presence of a child). N.J.S.A. 2C:44-1(a)(3), (6), (9), (11), and (14). The court found ...

docket:	a2846-21
court:	appellate
decided:	2024-05-08
status:	Unpublished
citation:
Document Size:	64512

776 STATE OF NEW JERSEY v. S.D.,1 -- rank: 610

... 65). Here, the judge found aggravating factors three and nine. N.J.S.A. 2C:44- 1(a)(3) (risk that defendant will commit another offense), (9 ... violating the law). The judge also found mitigating factor seven, N.J.S.A. 2C:44-1(a)(7) (defendant has no prior history of delinquency or ... argues that the judge erred by finding aggravating factor one. N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense and the ... the judge erred by failing to find mitigating factor eleven. N.J.S.A. 2C:44-1(b)(11) (incarceration of defendant 'would entail excessive hardship to ...

docket:	a3282-16
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	47742

777 STATE OF NEW JERSEY v. CARLOS MENDOZA -- rank: 610

... gravity and seriousness of the harm inflicted upon the victim, N.J.S.A. 2C:44-1(a)(2); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factors seven, defendant has no history of prior criminal activity, N.J.S.A. 2C:44-1(b)(7); eight, defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8); and nine, defendant's character and attitude make it unlikely that he will commit another offense, N.J.S.A. 2C:44-1(b)(9). The court determined that the mitigating factors outweighed ... ten, defendant is likely to respond favorably to probationary treatment, N.J.S.A. 2C:44-1(b)(10). However, at sentencing, defendant did not seek ...

docket:	a2575-08
court:	superior court trial
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	40013

778 STATE OF NEW JERSEY v. GERALD B. WILSON -- rank: 610

... aggravating factors one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); three, the risk of reoffending, N.J.S.A. 2C:44-1(a)(3); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge found mitigating factor seven, because defendant ... history, but it was primarily for old disorderly persons offenses, N.J.S.A. 2C:44-1(b)(7). A-0434-17T4 31 The court imposed a ...

docket:	a0434-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-30
status:	Unpublished
citation:
Document Size:	59430

779 /usr/local/share/www/libweb/collections/courts/appellate/a3811-11.opn.html -- rank: 610

... we disagree. Here, the trial judge found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim); 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 ... of the offenses of which he has been convicted); nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and twelve, N.J.S.A. 2C:44-1(a)(12) (defendant committed the offense against a person he ... contends that the judge should have found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant' ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	30549

780 STATE OF NEW JERSEY v. RAMIL ROBINSON -- rank: 610

... court found aggravating factors three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's criminal record, 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 trial court did not find any mitigating ... 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." State v ...

docket:	a5302-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-13
status:	unpublished
citation:
Document Size:	32068