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State v. Mann

Decided: March 3, 1992.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PETER MANN, DEFENDANT-APPELLANT



On appeal from the Superior Court, Law Division, Bergen County, whose decision is reported at 244 N.J. Super. 484 (Law Div. 1990).

O'Brien, Havey and Conley. The opinion of the court was delivered by Havey, J.A.D.

Havey

The opinion of the court was delivered by

HAVEY, J.A.D.

A jury convicted defendant of two counts of sexual assault, N.J.S.A. 2C:14-2c(1), and criminal sexual contact, N.J.S.A. 2C:14-3b. On the sexual assault convictions, defendant was sentenced to a concurrent custodial term of ten years with a five-year period of parole ineligibility. He was given an 18-month concurrent term for sexual contact.

On appeal, defendant raises the following points:

Point I -- The trial court abused its discretion in ruling that defendant's prior conviction could be used to impeach his credibility.

Point II -- The trial court erred in allowing evidence of the defendant's alleged suicide attempt.

Point III -- The trial court's instructions to the jury were prejudicial to the defendant, thereby affecting his right to a fair trial.

Point IV -- The trial court erred in denying the defendant's motion for a new trial as the jury verdict was against the weight of the evidence.

Point V -- The trial court erred in admitting fresh complaint testimony of the alleged victim.

Point VI -- The sentence imposed was manifestly excessive and an abuse of the trial court's discretion and must be modified by the reviewing court.

We have considered defendant's contentions and supporting arguments and are satisfied they are clearly without merit. R. 2:11-3(e)(2). See State v. Bethune, 121 N.J. 137, 145, 578 A.2d 364 (1990); State v. Hill, 121 N.J. 150, 167-68, 578 A.2d 370 (1990); State v. Pennington, 119 N.J. 547, 587, 575 A.2d 816 (1990); State v. Roth, 95 N.J. 334, 363-64, 471 A.2d 370 (1984); State v. Sands, 76 ...


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