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State v. Still

Decided: June 17, 1992.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BRIAN STILL, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Burlington County.

Bilder and Stern. The opinion of the Court was delivered by Stern, J.A.D.

Stern

The opinion of the court was delivered by

STERN, J.A.D.

Defendant was convicted by a jury of sexual assault, N.J.S.A. 2C:14-2b (count one), and endangering the welfare of a child, N.J.S.A. 2C:24-4a (count two). He was sentenced to eight years, with four years before parole eligibility, on the sexual assault conviction and to a concurrent eighteen month term for endangering the welfare of a child. An aggregate $60.00 Violent Crimes Compensation Board penalty was also imposed.

On this appeal defendant argues:

POINT I INSUFFICIENT VOIR DIRE OF PROSPECTIVE JURORS DENIED DEFENDANT THE RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 9, 10.

POINT II THE IMPROPER ADMISSION OF THE CHILD SEXUAL ASSAULT VICTIM'S STATEMENTS DENIED DEFENDANT THE RIGHT TO CONFRONT WITNESSES AND HIS RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 9, 10.

POINT III THE ADMISSION OF EXPERT TESTIMONY CONCERNING CHILD BEHAVIOR WITHOUT ADEQUATE FOUNDATION DENIED DEFENDANT THE RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 9, 10.

POINT IV IMPROPER COMMENT IN SUMMATION DENIED DEFENDANT THE RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. (1947) ART. I, PARS. 9, 10.

POINT V DEFENDANT'S SENTENCE WAS MANIFESTLY EXCESSIVE.

POINT VI DEFENDANT'S CONVICTION FOR ENDANGERING THE WELFARE OF A CHILD MUST BE MERGED WITH HIS CONVICTION FOR SEXUAL ASSAULT.

We affirm the convictions for sexual assault, but conclude that the endangering conviction ...


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