Search Rutgers Law Library N.J. Court Opinions

901 STATE OF NEW JERSEY v. ANTONIO J. PRATTS -- rank: 594

... within the range, the court found no applicable mitigating factors, N.J.S.A. 2C:44-1(b), but three aggravating factors, N.J.S.A. 2C:44-1(a), that is: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent and seriousness of the defendant's prior criminal record, 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). The court articulated these facts to support its ...

docket:	a0567-09
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	44782

902 STATE OF NEW JERSEY v. JOHN C. EMILI -- rank: 594

... need to deter), and twelve (victim over sixty years old). N.J.S.A. 2C:44-1(a)(3), (9), (12). The court then found mitigating factors ... nine (good character), and ten (will respond well to probation). N.J.S.A. 2C:44-1(b)(3), (6) to (10). All of those factors were ... guidelines. See Sene, 443 N.J. Super. at 145 (quoting N.J.S.A. 2C:44-1(f)(2)). Here, we find no abuse of discretion and ...

docket:	a5195-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	80035

903 /usr/local/share/www/libweb/collections/courts/appellate/a5487-17.opn.html -- rank: 594

... recur) but found mitigating factor seven (lack of criminal history). N.J.S.A. 2C:44- 1(b)(3), (4), (7), (8). It found aggravating factors three ... involved in organized criminal activity), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(3), (5), (9). The court concluded the aggravating factors ...

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904 STATE OF NEW JERSEY v. STANLEY MATTHEWS -- rank: 594

... of incarceration pursuant to the provisions of subsection d. of N.J.S.A. 2C:44-1, and except as provided in subsection c. of this section ...

docket:	a4276-03
court:	njappellate
decided:	2005-06-22
status:	published
citation:	378 N.J. Super. 396
Document Size:	49490

905 STATE OF NEW JERSEY v. TIMOTHY T. KNIGHT -- rank: 594

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b), it 'may impose a term within the ... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(3), (6), (9); but declined 20 to find aggravating factor one, the homicide involved particular depravity and cruelty, N.J.S.A. 2C:44-1(a)(1). The judge also found – but afforded slight ... s conduct facilitated or induced the commission of the offense. N.J.S.A. 2C:44-1(b)(3), (4) and (5). Defendant takes issue with the ...

docket:	a5797-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-07
status:	Unpublished
citation:
Document Size:	40621

906 STATE OF NEW JERSEY v. JAMES MOORE -- rank: 594

... year sentence, relying on aggravating factors one, three and nine. N.J.S.A. 2C:44-1(a)(1), (3) and (9). Defendant's counsel requested a ... specific mitigating factors. The trial judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ("[t]he need for deterring the defendant and ... As for mitigating factors, the judge applied mitigating factors six, N.J.S.A. 2C:44-1(b)(6) (defendant "will compensate the victim of his conduct for the damage"); seven, N.J.S.A. 2C:44-1(b)(7) (defendant has "led a law-abiding life for a substantial period of time"); eight, N.J.S.A. 2C:44-1(b)(8) ("[t]he defendant's conduct was the result of circumstances unlikely to recur"); and nine, N.J.S.A. 2C:44-1(b)(9) ("[t]he character and attitude of the ...

docket:	a1125-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	32984

907 STATE OF NEW JERSEY v. DANTE A. ROBINSON -- rank: 594

... court did not account for the new youth mitigating factor, N.J.S.A. 2C:44-1(a)(14), which was in effect at the time of ... not consider defendant's youth as a mitigating factor[] under N.J.S.A. 2C:44-1(b)(14). The State also notes that, on remand, the ...

docket:	a0739-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	52091

908 STATE OF NEW JERSEY v. CHARLES M. LOWY -- rank: 594

... need to deter) and twelve (victim over sixty years old). N.J.S.A. 2C:44-1(a)(9) and (12). The court then found mitigating factors ... 19 23 (circumstances unlikely to reoccur), and nine (good character). N.J.S.A. 2C:44- 1(b)(3), (7) to (9). Based on the evidence, particularly ... the aggravating factors and where the interest of justice demands . . . .' N.J.S.A. 2C:44-1(f)(2). See also State v. Megargel, 143 N.J ...

docket:	a0898-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-16
status:	Unpublished
citation:
Document Size:	43618

909 STATE OF NEW JERSEY v. VASIL W. HEISLER -- rank: 594

... factors 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 criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9); and rejected the application of any mitigating factors ... the sentencing. In finding aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), the judge reviewed defendant's "extensive ...

docket:	a2238-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-23
status:	unpublished
citation:
Document Size:	43671

910 STATE OF NEW JERSEY v. XAVIER Z. GEISINGER -- rank: 594

... will commit another offense); and nine (general and specific deterrence), N.J.S.A. 2C:44-1(a)(3) and (9), substantially outweighed the non- existent mitigating ... the victim 'induced or facilitated' the commission of the crime); N.J.S.A. 2C:44-1(b)(3) to (5). Following oral argument, the PCR judge ...

docket:	a3071-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-03
status:	Unpublished
citation:
Document Size:	25886

911 STATEOF NEW JERSEY v. DENNIS KULINETS -- rank: 594

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); five, a substantial likelihood the defendant is involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); and nine, the need for deterrence, N.J.S.A. 2C:44- 1(a)(9). The court found no mitigating factors. Pertinent to ... 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; State ...

docket:	a1870-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-22
status:	unpublished
citation:
Document Size:	54617

912 /usr/local/share/www/libweb/collections/courts/appellate/a5560-16.opn.html -- rank: 594

... trial court erred in finding aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1), (a)(2) 8 and 'failed to properly weigh ... was committed in an especially heinous, cruel, or depraved manner[.]' N.J.S.A. 2C:44-1(a)(1). Aggravating factor two considers: A-5560-16T3 34 ... incapable of exercising normal physical or mental power of resistance. [N.J.S.A. 2C:44-1(a)(2).] A-5560-16T3 35 Our review of the ...

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913 STATE OF NEW JERSEY v. ERIC BIRTHWRIGHT -- rank: 592

... mitigating factors the trial judge failed to find, i.e., N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation); N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify the defendant's conduct); and N.J.S.A. 2C:44-1(b)(5) (victim induced or facilitated its commission). This argument ...

docket:	a0582-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	55330

914 STATE OF NEW JERSEY v. KAMILA CASON -- rank: 592

... three aggravating factors: the gravity and seriousness of harm inflicted, N.J.S.A. 2C:44-1(a)(2); 4 defendant's risk of recidivism, N.J.S.A. 2C:44-1(a)(3); and the need to deter "the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). The court stated, "I don't find any ... Div. 1985), certif. denied , 102 N.J. 393 (1986); see N.J.S.A. 2C:44-1(c)(1). The court laid a factual basis for each ... The judgment of conviction (JOC) set forth one mitigating factor, N.J.S.A. 2C:44-1(b)(7), a lack of history of prior criminal activity ...

docket:	a2612-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-03
status:	unpublished
citation:
Document Size:	38834

915 STATE OF NEW JERSEY v. JOSE RIOS -- rank: 592

... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6) (the extent ... to deter defendant and others). She found no mitigating factors , N.J.S.A. 2C:44-1(b), and imposed the sentence we referenced. 'Appellate review of ... which justified a finding of mitigating factors one and two. N.J.S.A. 2C:44-1(b)(1) and (2). As already stated, the judge made ... cause 'excessive hardship to . . . his A-1649-17T2 17 dependents.' N.J.S.A. 2C:44-1(b)(11). However, although the record reflects defendant had a ...

docket:	a1649-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	31628