Search Rutgers Law Library N.J. Court Opinions

961 STATE OF NEW JERSEY v. TAHIR S. GREGORY -- rank: 588

... aggravating factors three (risk that defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3), six (prior criminal record and the seriousness of the offenses of which he has been convicted), N.J.S.A. 2C:44-1(a)(6), and nine (the need for deterrence), N.J.S.A. 2C:44-1(a)(9) applied. He found no mitigating factors. N.J.S.A. 2C:44-1(b). Defendant urges that the court found aggravating factors three ...

docket:	a3383-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-08
status:	unpublished
citation:	430 N.J.Super. 540 65 A.3d 878
Document Size:	28484

962 STATE OF NEW JERSEY v. NISEES INGRAM -- rank: 588

... 1984). The judge found aggravating factors (3), (6) and (9). N. J.S.A. 2C:44-1(a). He found no mitigating factors. 117 N.J. 210 ...

docket:	a0812-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-15
status:	unpublished
citation:
Document Size:	106252

963 STATE OF NEW JERSEY v. ROYCE BERRY -- rank: 588

... another offense); and (9) (need to deter defendant and others). N.J.S.A. 2C:44-1(a). The court found only one mitigating factor, that defendant had only a limited juvenile history, N.J.S.A. 2C:44-1(b)(7), and gave that factor "light weight" because the ... to recur); and (9) (defendant unlikely to commit another offense); N.J.S.A. 2C:44-1(b), were "clearly supported by the record[,]" he fails to ...

docket:	a0482-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-20
status:	unpublished
citation:
Document Size:	83066

964 /usr/local/share/www/libweb/collections/courts/appellate/a0089-18.opn.html -- rank: 588

... The judge applied aggravating factor three, a risk to reoffend, N.J.S.A. 2C:44-1(a)(3), and aggravating factor nine, need to deter, N.J.S.A. 2C:44-1(a)(9). Defendant maintains these aggravating factors conflicted with the ... medium weight to mitigating factors seven, no prior criminal record, N.J.S.A. 2C:44-1(b)(7), and nine, unlikely to reoffend N.J.S.A. 2C:44-1(b)(9). A sentencing judge's finding of aggravating factor ...

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965 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 588

... need for deterring defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Judge Telsey rejected defendant's ... did not contemplate his conduct would cause or threaten harm, N.J.S.A. 2C:44-1(b)(1) and (2). He found a convicted felon's ... with the State, leading to the convictions of the offenders. N.J.S.A. 2C:44-1(b)(12). Defendant too was offered a plea agreement, which ...

docket:	a1710-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	unpublished
citation:
Document Size:	67851

966 STATE OF NEW JERSEY v. SAINT H. MERILAN a/k/a SAINT HILAIRE MERILAN SAINT H. MERIALN, SAINT MERILAN, JASON WILLIAMS -- rank: 588

... risk defendant will re-offend), and nine (need for deterrence). N.J.S.A. 2C:44-1(a)(1), (2), (3), (9). The judge also applied mitigating ... defendant has no history of prior delinquency or criminal activity). N.J.S.A. 2C:44-1(b)(5), (7). Defendant argues the imposed sentence was excessive ... another offense), and twelve (defendant cooperated with law enforcement), see N.J.S.A. 2C:44-1(b)(2), (9), (12), although requested by defendant; and (c ... conduct was the result of circumstances unlikely to recur). See N.J.S.A. 2C:44-1(b)(3), (4), (8). We consider each of these arguments ...

docket:	a2826-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	52798

967 STATE OF NEW JERSEY v. BRANDON S. FLETCHER -- rank: 588

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... the trial court found the following aggravating factors applied: three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another A-1873-17T2 19 offense; six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record ... the offenses for which he has been convicted; and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterring the defendant and others ... violating the law. The judge also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), the imprisonment of defendant would entail excessive hardship ...

docket:	a1873-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-11
status:	Unpublished
citation:
Document Size:	37049

968 /usr/local/share/www/libweb/collections/courts/supreme/a4252-10.opn.html -- rank: 585

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); and, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found one mitigating factor, namely, defendant had no history of prior delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7), but explicitly ruled out the remaining mitigating factors enumerated in N.J.S.A. 2C:44-1(b). The court gave little weight to the first and ... failing to find that defendant acted under a strong provocation, N.J.S.A. 2C:44-1(b)(3). The court did not abuse its discretion ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	61364

969 STATE OF NEW JERSEY v. EDRES CARTER -- rank: 585

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... three aggravating factors: the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal 10 ... 16T3 record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6); and the need for deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The court ...

docket:	a2837-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-06
status:	unpublished
citation:
Document Size:	41294

970 STATE OF NEW JERSEY v. JUDSON PORTER -- rank: 585

... remarks were made in partial support of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (specific and general deterrence), and in partial rejection of mitigating factor nine N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of defendant indicate ... a finding of aggravating factor A-4134-17T4 14 nine, N.J.S.A. 2C:44-1(a)(9), and 'indicate[d] that a prison sentence [wa ... failure to take responsibility in support of aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit ...

docket:	a4134-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-28
status:	Unpublished
citation:
Document Size:	28227

971 STATE OF NEW JERSEY v. ANGEL X. HERNANDEZ -- rank: 585

... Id. at 612. 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 aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... the law. The judge found no mitigating factors applicable under N.J.S.A. 2C:44-1(b). In analyzing aggravating factor nine, the judge referenced the ...

docket:	a0494-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-26
status:	unpublished
citation:
Document Size:	45158

972 STATE OF NEW JERSEY v. LAQUAY J. GIBBS, -- rank: 585

... to present mitigating factors. Defendant mentions only mitigating factor eleven, N.J.S.A. 2C: 44-1(b)(11), but offers no support for his bald assertion ...

docket:	a2422-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	22839

973 IN THE MATTER OF PETITION FOR RULEMAKING TO AMEND N.J.A.C. 10A:71-3.11, ET AL. -- rank: 585

... on juvenile and young adult brain development. See e.g., N.J.S.A. 2C:44-1(b)(14) (creating a new mitigating sentencing factor when '[t ... 80, 95 (1987)) (highlighting the addition of mitigating factor fourteen, N.J.S.A. 2C:44- - 1(b)(14), which reads, '[t]he defendant was under [twenty ... the commission of the offense'). The Court concluded 'the 4 N.J.S.A. 2C:44-1(b)(7), which reads, '[t]he defendant has no history ... of time before the commission of the present offense.' 5 N.J.S.A. 2C:44-1(a)(3), which reads, '[t]he risk that the defendant ...

docket:	a0494-22a1180-22
court:	appellate
decided:	2024-05-09
status:	Unpublished
citation:
Document Size:	58470

974 STATE OF NEW JERSEY v. PETER RUSCH -- rank: 585

... three aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. After merging ... properly took three aggravating factors into consideration: aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense; factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior record; and factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. No mitigating factor ...

docket:	a0795-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-14
status:	unpublished
citation:
Document Size:	54590

975 STATE OF NEW JERSEY v. CURTIS A. FRANKLIN -- rank: 585

... 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 ... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). See Case , supra , 220 N.J. at 66 ... court also found mitigating factor seven, no prior criminal history, N.J.S.A. 2C:44-1(b)(7), but no other mitigating factors. Defendant argues the ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 3 N.J.S.A. 2C:44-1(b)(11) ("The imprisonment of the defendant would result in ...

docket:	a0196-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	37640