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991 STATE OF NEW JERSEY v. EMMANUEL JOHN -- rank: 583

... The sentencing court found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge stated that defendant's ... in mitigation because they were unsupported in the record. See N.J.S.A. 2C:44-1(b). We A-2982-18 19 agree with that conclusion ... without any other consideration, does not support factor eleven. See N.J.S.A. 2C:44-1(b)(11). The families of incarcerated defendants are generally harmed ...

docket:	a2982-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-29
status:	Unpublished
citation:
Document Size:	34150

992 STATE OF NEW JERSEY v. GARY W. JONES -- rank: 583

... three, six, and nine, and no factors in mitigation. See N.J.S.A. 2C:44-1(a)(1), (3), (6), (9). Defendant's A-1499-18T2 ...

docket:	a1499-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-17
status:	Unpublished
citation:
Document Size:	29566

993 State v. Christian State -- rank: 583

... sentencing Aponte-Ortiz, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), and nine, N.J.S.A. 2C:44-1(a)(9). He also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). The judge articulated the factual basis for those ... factors three and nine, and mitigating factors seven and twelve, N.J.S.A. 2C:44-1(b)(12). The judge again articulated the factual basis for ...

docket:	a4235-12
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	52903

994 STATE OF NEW JERSEY v. MARCIA M. COKE -- rank: 583

... the trial court's refusal to downgrade her sentence under N.J.S.A. 2C:44-1(f)(2) from second-degree burglary to third-degree burglary ... degree offense and does not shock our judicial conscience. Additionally, N.J.S.A. 2C:44-1(f)(2) provides "that where a sentencing court is clearly ... aggravating factors one (the nature and circumstances of the offense), N.J.S.A . 2C:44-1(a)(1); three (the risk that defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3); and nine (the need to deter others from violating the law), N.J.S.A. 2C:44-1(a)(9), is supported by the record. For the foregoing ...

docket:	a1087-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-02
status:	unpublished
citation:
Document Size:	39826

995 STATE OF NEW JERSEY v. WILLIE E. GRADY 3RD -- rank: 583

... a second-degree crime, which carries a presumption of imprisonment, N.J.S.A. 2C:44-1(d). That gun possession crime also is subject to a ... 284, §1, thus invoking a strict presumption of incarceration, N.J.S.A. 2C:44-1(d). The Legislature provided further sentencing enhancement by significantly 5 ...

docket:	a1761-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-12
status:	Unpublished
citation:
Document Size:	27872

996 STATE OF NEW JERSEY v. MARC SUTTON -- rank: 583

... found no factors in mitigation, and found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), six, N.J.S.A. 2C:44-1(a)(6), and nine, N.J.S.A. 2C:44-1(a)(9), based on defendant's prior convictions. His criminal ...

docket:	a4273-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	33837

997 /usr/local/share/www/libweb/collections/courts/appellate/a0046-14.opn.html -- rank: 583

... 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 court found aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court initially found no mitigating factors. However ... a law-abiding life for a substantial period of time, N.J.S.A. 2C:44-1(b)(7), and imposed a sentence in the second-degree ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	28251

998 STATE OF NEW JERSEY v. G.N.W -- rank: 583

... which focuses on the gravity and seriousness of the offense. N.J.S.A. 2C:44-1(a)(2). Although A-0496-17T1 39 '[e]lements of ... amount, the sentencing court must consider not only 9 See N.J.S.A. 2C:44-1(b)(4) ('There were substantial grounds tending to excuse or ...

docket:	a0496-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-28
status:	Unpublished
citation:
Document Size:	74656

999 State of New Jersey v. Darien Weston -- rank: 583

... findings as to aggravating and mitigating factors in accordance with N.J.S.A. 2C:44-1(a)-(b), the trial court sentenced defendant to an aggregate ...

docket:	A-61-13
court:	NJ Supreme Court
decided:	2015-06-25
status:
citation:	222 N.J. 277 118 A.3d 331
Document Size:	96923

1000 STATE OF NEW JERSEY v. BRYON O. WRIGHT -- rank: 583

... of his criminal record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), and (9). In addition to the three ... imprisonment would impose an excessive hardship on defendant's family, N.J.S.A. 2C:44-1(b)(11), because defendant had a disabled brother and provided ... must consider any aggravating and mitigating factors, as listed in N.J.S.A. 2C:44-1. Here, the trial judge gave an extremely detailed analysis of ...

docket:	a6036-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-16
status:	unpublished
citation:
Document Size:	67797

1001 STATE OF NEW JERSEY v. FELIPE J. RIVERA -- rank: 583

... and convincing evidence, that aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), -1(a)(6), and 1-(a)(9), substantially ... argues that the court should have found mitigating factors one, N.J.S.A. 2C:44-1(b)(1) ("[t]he defendant's conduct neither caused nor threatened serious harm"); two, N.J.S.A. 2C:44-1(b)(2) ("[t]he defendant did not contemplate that his conduct would cause or threaten serious harm"); four, N.J.S.A. 2C:44-1(b)(4) ("[t]here were substantial grounds tending to excuse ... s conduct, though failing to establish a defense"); and eleven, N.J.S.A. 2C:44-1(b)(11) ("[t]he imprisonment of the defendant would entail ...

docket:	a4207-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-23
status:	unpublished
citation:
Document Size:	41396

1002 STATE OF NEW JERSEY v. A.B.M -- rank: 583

... the trial judge misapplied the aggravating and mitigating factors of N.J.S.A. 2C:44-1(a) and (b). We disagree. The New Jersey Code of ... that the victim was particularly vulnerable due to extreme youth, N.J.S.A. 2C:44-1(a)(2); the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found that the aggravating factors outweighed ... evidence. The judge found no mitigating factors. Mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), applies when "[t]he defendant has no history ...

docket:	a4591-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-25
status:	unpublished
citation:
Document Size:	51861

1003 STATE OF NEW JERSEY VS. ALEXANDER DEMETROUDIS -- rank: 583

... the imposition of a lesser sentence under mitigating factor three, N.J.S.A. 2C:44-1(b)(3) (defendant acted under strong provocation), and four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant ...

docket:	a2443-22
court:	appellate
decided:	2024-05-10
status:	Unpublished
citation:
Document Size:	23503

1004 /usr/local/share/www/libweb/collections/courts/appellate/a2000-18.opn.html -- rank: 583

... judge erred by affording undue weight to aggravating factors two, N.J.S.A 2C:44-1(a)(2) (the gravity and seriousness of the harm inflicted on the victim), and three, N.J.S.A 2C:44-1(a)(2) (the risk that defendant will commit another offense ...

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1005 STATE OF NEW JERSEY v. TONY L. BURNHAM -- rank: 583

... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). Citing defendant's record, his capacity for violence ... t]he risk that the defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). Stressing that defendant's violent, predatory, and vicious ... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). The court nonetheless imposed a sentence below the ... recur" and that he was "unlikely to commit another offense," N.J.S.A. 2C:44-1(b)(8),(9), based on its reasons for finding he ... would result in "excessive hardship" for his sister's family, N.J.S.A. 2C:44-1(b)(11), finding his alleged financial support was minimal or ...

docket:	a0047-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-14
status:	unpublished
citation:
Document Size:	37708