Search Rutgers Law Library N.J. Court Opinions

781 STATE OF NEW JERSEY v. MICHAEL J. GREEN -- rank: 610

... sentence, the judge applied aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), and found no applicable mitigating factors. N.J.S.A. 2C:44-1(b)(1)-(13). Defendant argues mitigating factor eight, defendant's conduct was unlikely to reoccur, N.J.S.A. 2C:44-1(b)(8), should apply as the events emanated from emotional ...

docket:	a5751-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-09
status:	unpublished
citation:
Document Size:	36435

782 STATE OF NEW JERSEY v. GEORGE T. RODGERS -- rank: 610

... a need to deter defendant and others from committing crimes. N.J.S.A. 2C:44-1(a)(3), (9). Defendant argues that "the need to deter ... the court thus should have found those mitigating factors under N.J.S.A. 2C:44-1(b)(1) and (2). We see no merit in these ...

docket:	a3816-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-03
status:	unpublished
citation:
Document Size:	43798

783 STATE OF NEW JERSEY v. KAZMECK HOLLINGSWORTH -- rank: 610

... excessive. At sentencing, the trial judge found aggravating factor one, N.J.S.A. 2C:44-1(a)(1), applied because the victim was shot "multiple times ... unarmed. He also found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), and no mitigating factors. He determined ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). The fact that R.D. was shot multiple ...

docket:	a0772-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	69322

784 STATE OF NEW JERSEY v. JAYSON MARQUEZ -- rank: 610

... six, and nine strongly outweighed mitigating factors three and five. N.J.S.A. 2C:44-1. After an extended sidebar to alleviate some confusion over whether ...

docket:	a4176-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-05
status:	Unpublished
citation:
Document Size:	34565

785 STATE OF NEW JERSEY v. JOHN GEIGER -- rank: 610

... argues that the judge should have found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), which requires a finding of "no history of ... need to deter Geiger and others from future criminal activity, N.J.S.A. 2C:44-1(a)(9), is evident from the nature of the criminal ...

docket:	a2138-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	29498

786 STATE OF NEW JERSEY v. D.C.N. -- rank: 610

... three, '[t]he risk that . . . defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and factor nine, '[t]he need [to] deter[] . . . defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9). The court found aggravating factors three and nine ... imprisonment would entail excessive hardship to him or his dependents, N.J.S.A. 2C:44-1(b)(11). Having determined the aggravating and mitigating factors were ...

docket:	a2737-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-01
status:	Unpublished
citation:
Document Size:	48889

787 STATE OF NEW JERSEY VS. RICKY GREENE -- rank: 610

... for deterring the defendant and others from violating the law .' N.J.S.A. 2C:44-1(a)(3), (6), (9). Given the judge's finding that ...

docket:	a2174-21
court:	appellate
decided:	2024-06-13
status:	Unpublished
citation:
Document Size:	25588

788 STATE OF NEW JERSEY v. KEITH MC BRIDE -- rank: 607

... also considered the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses for which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Contrary to defendant's assertion, the court did not consider N.J.S.A. 2C:44-1(a)(13), that "defendant, while in the course of committing ...

docket:	a5966-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-23
status:	unpublished
citation:
Document Size:	46809

789 STATE OF NEW JERSEY v. RAFAEL A. VASQUEZ -- rank: 607

... deterring the defendant and others from violating the law) applicable. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Although the court commended defendant ... and nine (defendant is unlikely to commit another offense) under N.J.S.A. 2C:44-1(b)(8) and (9). Defendant also argues his remorsefulness is ... the interest of justice demand[ed] a reduction in sentence.' N.J.S.A. 2C:44-1(f)(2). At sentencing, the court substantively addressed the proofs ...

docket:	a3085-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-02
status:	Unpublished
citation:
Document Size:	22048

790 STATE OF NEW JERSEY v. STEVEN L. BOOKMAN -- rank: 607

... did not abuse his discretion in finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'), six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... the offenses of which he has been convicted'), and nine, N.J.S.A. 2C:44-1(a)(9) (The need for deterring the defendant and others ...

docket:	a1966-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-04
status:	Unpublished
citation:
Document Size:	50330

791 STATE OF NEW JERSEY v. SHARDAI L. SANTOS -- rank: 607

... 17T4 4 At sentencing, the court found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3), a risk defendant will commit another offense; and nine, N.J.S.A. 2C:44- 1(a)(9), the need to deter defendant and others from violating the law. The court found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), defendant led a law- abiding life for a substantial period of time before committing the offense; nine, N.J.S.A. 2C:44-1(b)(9), defendant's character and attitude indicate she is unlikely to commit another offense; and ten, N.J.S.A. 2C:44-1(b)(10), defendant is particularly likely to respond to probationary ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A.] 2C:44-1(a) and (b).' Roth, 95 N.J. at 359; ...

docket:	a5266-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-20
status:	Unpublished
citation:
Document Size:	17593

792 STATE OF NEW JERSEY v. ODELL M. ROY -- rank: 607

... the defendant's wife arising from by defendant's imprisonment. N.J.S.A. 2C:44-1(a) to –(b). Based on these, defendant qualified for ... find the defendant was "likely to respond affirmatively to probation[.]" N.J.S.A. 2C:44-1(b)(10). The court found no other mitigating factors. In ... State v. Dunbar , 108 N.J. 80, 89 (1987)); see N.J.S.A. 2C:44-1(a) to -(b). The available sentence range "starts at the ... contention that mitigating factors 1 and 2 should have applied. N.J.S.A. 2C:44-1(b)(1) to -(2). Here, not only were the sentencing ...

docket:	a3246-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-23
status:	unpublished
citation:
Document Size:	45151

793 STATE OF NEW JERSEY v. DORIAN J. ROBERTS -- rank: 607

... matter for resentencing due to the Legislature's amendment of N.J.S.A. 2C:44-1(b) to include youth as a mitigating factor. We affirm ... three (risk of re-offense), and nine (need to deter), N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9), but no mitigating factors ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). The question of whether a newly enacted law ... alterations in original) (quoting James, 216 N.J. at 564). N.J.S.A. 2C:44-1(b)(14) is not curative because it did not remedy ... J.V. (issued on June 12, 2020), before it enacted N.J.S.A 2C:44-1(b)(14) on October 19, 2020. Moreover, the Legislature did ... the Court is whether, and if so, to what extent, N.J.S.A. 2C:44-1(b)(14) applies retroactively. Unless and until such time ...

docket:	a0270-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-01
status:	Unpublished
citation:
Document Size:	21228

794 STATE OF NEW JERSEY v. ANGEL T. TORRES -- rank: 607

... factors. Before imposing its sentence, the court found aggravating factors N.J.S.A. 2C:44-1(a)(3) (the risk defendant will commit another offense), (6 ...

docket:	a0057-14
court:	NJ Superior Court Appellate Division
decided:	2019-01-25
status:	Unpublished
citation:
Document Size:	50072

795 STATE OF NEW JERSEY v. BRANDON KANE -- rank: 607

... factor eight (conduct the result of circumstances unlikely to recur). N.J.S.A. 2C:44-1(a)(3), (6), (9); N.J.S.A. 2C:44-1(b)(8). The court noted that defendant's steroid use ... conduct), despite defendant's request that it do so. See N.J.S.A. 2C:44-1(b)(4). The court sentenced defendant to concurrent seven-year ...

docket:	a2739-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	published
citation:	449 N.J.Super. 119 155 A.3d 612
Document Size:	60481