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841 STATE OF NEW JERSEY v. TYHAN BROWN -- rank: 603

... that aggravating factors three, five, six and nine applied. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (5) (involvement in ...

docket:	a0876-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-08
status:	Unpublished
citation:
Document Size:	46887

842 STATE OF NEW JERSEY v. MICHAEL MURPHY -- rank: 601

... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). Counsel acknowledged that defendant's mental illness was ... that the defendant had led a largely law abiding life. N.J.S.A. 2C:44-1(b)(7). Although not tying it to a statutory factor ... extent of his prior record, and the need to deter. N.J.S.A. 2C:44-1(a)(3), (6), (9). He argued that the court should ... defendant's past failure to comply with mental health treatment. N.J.S.A. 2C:44-1(a)(3). The court found that "any weight to be ... substantial factors tending to excuse or justify" defendant's conduct, N.J.S.A. 2C:44-1(b)(4)], would be entirely eradicated by the fact that ... rejecting defendant's claim of living a law-abiding life. N.J.S.A. 2C:44-1(a)(6). The court also found a "strong need ...

docket:	a0370-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	19410

843 STATE OF NEW JERSEY v. LEONARDO BUCCHERI -- rank: 601

... the court properly found aggravating factors three (risk of offending), N.J.S.A. 2C:44-1(a)(3); six (prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (need to deter), N.J.S.A. 2C:44-1(a)(9). In support of these sentencing circumstances, the court ... history, home ownership, and raising a daughter. To be sure, N.J.S.A. 2C:44-1(b)(11) directs the sentencing court to consider whether "[t ...

docket:	a1086-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	80920

844 STATE OF NEW JERSEY v. CHARLES E. MACON -- rank: 601

... not agree. Here, the trial court found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm to 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 ... the offenses of which defendant has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a0533-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-19
status:	unpublished
citation:
Document Size:	51053

845 STATE OF NEW JERSEY v. JHON YEBES -- rank: 601

... See N.J.S.A. 2C:43-6(a)(1); N.J.S.A. 2C:44-1(f)(1)(b). Further, the imposition of these sentences is ... 8 The trial judge identified aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and no mitigating factors for defendants ...

docket:	a2163-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55180

846 STATE OF NEW JERSEY v. FRANCISCO VERGE -- rank: 601

... the sentencing judge relevant to three mitigating factors, i.e., N.J.S.A. 2C:44-1(b)(4), (7), (13). We are not persuaded that defendant ... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). Defendant alleges that he had a troubled childhood ... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). Defendant alleges that he had no prior criminal ... substantially influenced by another person more mature than the defendant." N.J.S.A. 2C:44-1(b)(13). Defendant alleges that one of his accomplices was ... counsel should have argued the non-existence of aggravating factor N.J.S.A. 2C:44-1(b)(2), because "defendant did not intend the serious harm ... argues that the plea judge inappropriately found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), because he did not set forth the ...

docket:	a5807-07
court:	NJ Superior Court Appellate Division
decided:	2011-08-15
status:	unpublished
citation:
Document Size:	33568

847 STATE OF NEW JERSEY v. KEVIN LAMBERT -- rank: 601

... of reoffense), six (criminal history), and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6), (9), which she 'weighed heavily.' Next, the ... offense), ten (amenability to probationary treatment) and eleven (excessive hardship), N.J.S.A. 2C:44-1(b) (8), (9), (10), and (11). She also found defendant ...

docket:	a0864-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-22
status:	Unpublished
citation:
Document Size:	54706

848 STATE OF NEW JERSEY v. ADAM MASKELL -- rank: 601

... sentencing court must consider statutorily enumerated aggravating and mitigating circumstances, N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... aggravating factors: 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 offense of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The sentencing ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). There is nothing in the record to suggest ...

docket:	a0896-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-08
status:	unpublished
citation:
Document Size:	38928

849 STATE OF NEW JERSEY v. HAKIEM K. WADUD -- rank: 601

... judge found aggravating factors three, six, and nine applied. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will 3 ... weapons possession offense. A-0627-18T4 7 commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... seriousness of the offenses of which he has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... s argument that mitigating factors four and eleven applied. 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:	a0627-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-08
status:	Unpublished
citation:
Document Size:	29532

850 STATE OF NEW JERSEY v. MARLENE KESS -- rank: 601

... appropriately considered the aggravating and mitigating factors in sentencing defendant . N.J.S.A. 2C:44-1(a)-(b). However, the court did not place on the ...

docket:	a4447-06
court:	njappellate
decided:	2008-07-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	80183

851 STATE OF NEW JERSEY v. ANTHONY EUGENE STEVENSON -- rank: 601

... that any aggravating factors found by the trial judge under N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ... State v. Fuentes, 217 N.J. 57, 70 (2014). Under N.J.S.A. 2C:44-1(a)(5), one aggravating factor exists when '[t]here is ...

docket:	a0073-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-31
status:	Unpublished
citation:
Document Size:	92634

852 STATE OF NEW JERSEY v. JHON YEBES -- rank: 601

... See N.J.S.A. 2C:43-6(a)(1); N.J.S.A. 2C:44-1(f)(1)(b). Further, the imposition of these sentences is ... 8 The trial judge identified aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and no mitigating factors for defendants ...

docket:	a2098-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55180

853 STATE OF NEW JERSEY v. JASON W. VANDEREE -- rank: 601

... The court found aggravating factors one, three, and nine. See N.J.S.A. 2C:44-1(a)(1), (3), and (9). It did not find any ... s arguments for mitigating factors seven, eight, and nine. See N.J.S.A. 2C:44-1(b)(7), (8), and (9). Accordingly, the court found that ...

docket:	a2329-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Published
citation:
Document Size:	52154

854 STATE OF NEW JERSEY v. JHON YEBES -- rank: 601

... See N.J.S.A. 2C:43-6(a)(1); N.J.S.A. 2C:44-1(f)(1)(b). Further, the imposition of these sentences is ... 8 The trial judge identified aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), and no mitigating factors for defendants ...

docket:	a3331-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55182

855 STATE OF NEW JERSEY v. NADIR ROBERTS -- rank: 601

... found aggravating factor three, the risk that defendant will reoffend. N.J.S.A. 2C:44-1(a)(3). This finding was evident from defendant's criminal ... seriousness of the offenses of which he has been convicted. N.J.S.A. 2C:44-1(a)(6). The judge also found A-4210-16T2 24 ... violating the law, again relying on defendant's criminal history. N.J.S.A. 2C:44-1(a)(9). The sentencing judge did not find any mitigating ...

docket:	a4210-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	48977