The New Jersey Supreme Court determined that a defendant’s youth may be considered only as a mitigating factor and cannot support an aggravating factor in a case involving sentencing for armed robbery. 

The court unanimously reversed and remanded the sentencing of defendant Cynthia Rivera on Dec. 29. It held that “because ‘a defendant should be assessed as he stands before the court on the day of sentencing … the sentencing court must consider a defendant’s relevant [post-offense] conduct in weighing aggravating and mitigating factors.”