Search Rutgers Law Library N.J. Court Opinions

856 STATE OF NEW JERSEY v. TYRELL L. BROWN -- rank: 601

... argues that mitigating factors three, four and seven apply. See N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation); (4)   (though ... assault conviction and sentence him as third-degree offender. See N.J.S.A. 2C:44-1(f)(2). Without elucidation, the judge noted defendant's prior ... and found aggravating factors three, six and nine existed. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (the extent ... he ordered restitution, the judge also found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) ("[t]he defendant has compensated or will compensate ... history." Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:44-1 (2014). "A court's findings assessing the seriousness of a ...

docket:	a1137-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	52241

857 STATE OF NEW JERSEY v. CHRISTOPHER THOMPSON -- rank: 601

... should not have applied aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), but instead argues only that the ... by the defense: 'substantial grounds' justified or excused his conduct, N.J.S.A. 2C:44-1(b)(4), and the victim's conduct induced his actions, N.J.S.A. 2C:44-1(b)(5). While it may be true that the judge ...

docket:	a1330-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-05
status:	Unpublished
citation:
Document Size:	34424

858 /usr/local/share/www/libweb/collections/courts/appellate/asdf.opn.html -- rank: 601

... v. Rahee Lane (A-17-21; 085726) The Court construes N.J.S.A. 2C:44-1(b)(14) to be prospective, finding in the statutory language ... prior to the provision’s effective date. The Court views N.J.S.A. 2C:44-1(b)(14)’s legislative history to confirm the Legislatureâ ... at the time of the commission of the offense.” N.J.S.A. 2C:44-1(b)(14). The weight to be given to that factor ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36848

859 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. LATONIA E. BELLAMY a/k/a NA-NA -- rank: 601

... should not have applied aggravating factors one, three, and nine. N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense); -1 ... mitigating factor seven and failed to apply mitigating factor eight. N.J.S.A. 2C:44-1(b)(7) (lack of criminal record); -1(b)(8) (circumstances ...

docket:	a3676-12
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	83657

860 STATE OF NEW JERSEY v. JAMAL S. COLEY -- rank: 601

... argues that the sentencing court misapplied relevant aggravating factors under N.J.S.A. 2C:44-1(a) in determining the sentence, and erred in sentencing him ... found aggravating factors one, two, three, six, and nine under N.J.S.A. 2C:44-1(a). Clearly, there were no mitigating factors applicable under N.J.S.A. 2C:44-1(b) to weigh against a severe sentence. The forty-one ... the need to deter defendant and others from committing crimes. N.J.S.A. 2C:44-1(a)(3), (6), (9). There was also factual support for ... was committed in an especially heinous, cruel, or depraved manner. N.J.S.A. 2C:44-1(a)(1). Defendant forced the victim at gunpoint to engage ... we question whether the court properly found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of harm inflicted ...

docket:	a3393-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-22
status:	unpublished
citation:
Document Size:	31821

861 STATE OF NEW JERSEY v. ROSA M. CALLE -- rank: 599

... year of probation. The judge found applicable aggravating factor three, N.J.S.A. 2C:44- 1(a)(3), the risk that defendant will commit another crime; aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record; and A-0495-17T1 13 aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter 'defendant and others from ... for the mitigating factors, the judge found mitigating factor six, N.J.S.A. 2C:44-1(b)(6), as she will participate in a community service program; mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), defendant had led a law-abiding life for ... period of time' before the present offense; mitigating factor ten, N.J.S.A. 2C:44-1(b)(10), defendant is likely to respond to probation; ...

docket:	a0495-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	26770

862 STATE OF NEW JERSEY v. LUCIUS WILKERSON -- rank: 599

... court found aggravating factors one, two, three, and nine applied. N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9). Although the judge did ... a law-abiding life for a substantial period of time. N.J.S.A. 2C:44-1(b)(7). Against these findings, the court found the aggravating ... no basis to conclude aggravating factors one and two apply. N.J.S.A. 2C:44-1(a)(1) and (2) provide: (1) The nature and circumstances ...

docket:	a1141-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-05
status:	unpublished
citation:
Document Size:	61641

863 STATE OF NEW JERSEY v. CHRIS A. BENTON -- rank: 599

... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3); six, '[t]he extent of the defendant's ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6); and nine, '[t]he need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9), outweighed the non-existent mitigating factors. The court ... obligated to examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Id. at 72. Each factor found by ... did the court explain its finding that no mitigating factors, N.J.S.A. 2C:44-1(b), applied. Instead, after reviewing and recounting the facts in ...

docket:	a1730-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-15
status:	Unpublished
citation:
Document Size:	45538

864 STATE OF NEW JERSEY v. CHRISTOPHER M. JACKSON -- rank: 599

... October 14, 2009. Defendant requested the judge find mitigating factors N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate his conduct would cause ... to recur). The judge found the record supported aggravating factors N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense), (3) (risk ... record), and (9) need for deterrence. He found mitigating factors N.J.S.A. 2C:44-1(b)(3) and (8). After concluding the aggravating factors outweighed ... sentencing counsel was ineffective for failing to argue mitigating factors N.J.S.A. 2C:44-1(b)(11) (imprisonment would cause excessive hardship to dependents), and ... we have questioned whether confessions constitute "cooperation" under mitigating factor N.J.S.A. 2C:44-1(b)(12). See State v. Read , 397 N.J. Super ...

docket:	a3605-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	29965

865 STATE OF NEW JERSEY v. SAMANDER S. DABAS -- rank: 599

... need [to] deter[] defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(1), (3), (9). He found mitigating factor number four ... s imprisonment would cause excessive hardship to his dependent son. N.J.S.A. 2C:44-1(b)(4), (11). The judge sentenced Samander to imprisonment for ...

docket:	a3858-07
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	unpublished
citation:
Document Size:	60752

866 STATE OF NEW JERSEY v. ANGELA D. PIZZARELLI -- rank: 599

... aggravating factor three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), was improper as she had only one prior ... one, the crime was committed in an especially cruel manner, N.J.S.A. 2C:44-1(a)(1), constituted an impermissible double-counting of an element ... s incarceration would impose an undue hardship on her children, N.J.S.A. 2C:44-1(b)(11), the judge imposed a forty-five year NERA ... as aggravating factors the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6), and the need to deter, N.J.S.A. 2C:44-1(a)(9). This archive is a service of Rutgers School ...

docket:	a1242-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	54597

867 STATE OF NEW JERSEY v. ALLISON NASTA -- rank: 599

... sentencing arguments: defendant requested mitigating factor eleven (hardship to others), N.J.S.A. 2C:44-1(b)(11), and the State requested aggravating factors three (risk ... record and seriousness of offenses), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found aggravating factors three ... and ten (defendant is likely to respond to probationary treatment), N.J.S.A. 2C:44-1(b)(7), (10). However, he gave factor ten little weight ... three (risk defendant will reoffend) and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(3), (9). The judge further found mitigating factors seven ... ten little weight as the sentence was subject to NERA. N.J.S.A. 2C:44-1(b)(7), (10), (11). The judge found the aggravating factors ...

docket:	a3951-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	87933

868 STATE OF NEW JERSEY v. JUAN ABBOTT -- rank: 599

... and her trial testimony. The judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), noting defendant was at risk of re-offense ... re-offense here.' A-0819-19 10 Aggravating factor four, N.J.S.A. 2C:44-1(a)(4), applied because defendant used his position of trust ... in the United States . . . .' The judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9). She concluded the need to deter defendant and ... assault of a child . . . .' The judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), because although defendant had arrests, he had no ... law-abiding life prior to this offense. Mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), applied because defendant's incarceration caused a hardship ... He claims the judge erred in applying aggravating factor three, N.J.S.A. 2C:44- - 1(a)(3), because there was no evidence to support ...

docket:	a0819-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-21
status:	Unpublished
citation:
Document Size:	41682

869 State v. Donnell Jones -- rank: 599

... applicable: three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant’s prior record, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44- 1(a)(9). The court found no mitigating factors. See N.J.S.A. 2C:44-1(b). The court sentenced defendant to fifteen years’ imprisonment for ...

docket:	a_53_16
court:	NJ Supreme Court
decided:	2018-03-22
status:
citation:
Document Size:	48415

870 STATE OF NEW JERSEY v. KABIR CONWAY -- rank: 599

... applied aggravating factors three, six, and nine in sentencing defendant. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(6 ... 356  N.J. Super.  299, 310 (App. Div. 2002) and N.J.S.A. 2C:44-1(a), defendant also contends that the judge improperly considered as ... because defendant owed approximately $36,000 in child support arrears. N.J.S.A. 2C:44-1(b)(11) (excessive hardship upon the defendant or his dependents ...

docket:	a0620-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-10
status:	unpublished
citation:
Document Size:	54246