On appeal from the Superior Court, Law Division, Bergen County.
Pressler, R.s. Cohen and Kestin, JJ. The opinion of the court was delivered by Kestin, J.A.D.
In indictment no. 86-08-0997-1, defendant was charged with aggravated sexual assault upon his daughter, beginning when she was 9 1/2 years old, and with two related offenses. In indictment no. 89-01-0086-1 defendant was charged with three counts of attempted murder and eight related offenses. In a comprehensive plea agreement, defendant agreed to plead guilty to sexual assault and one attempted murder charge. All remaining charges were to be dismissed. The plea agreement provided for a recommendation of a maximum term of 14 years with a 4 1/2-year period of parole ineligibility. The agreement included a provision that defendant was to have no further contact with his first wife or with their daughters; and it further provided that defendant was "to live in the future outside the State of New Jersey."
The guilty pleas were entered and defendant was sentenced, in accordance with the agreement, to a 14-year term of imprisonment for the first degree attempted murder with 4 1/2 years of parole ineligibility; and to a concurrent ten-year term for the second degree sexual assault, also with 4 1/2 years of parole ineligibility. Both judgments of conviction, dated November 16, 1990, contained the following language as part of the Disposition on the respective convictions:
NO FURTHER CONTACT WITH FAMILY.
UPON RELEASE MAY NOT RESIDE IN NEW JERSEY.
In respect of the balance of aggravating and mitigating factors for the purpose of determining whether mandatory
minimum sentences should be imposed, the sentencing Judge found, despite the absence of any prior record, that the nature and degree of the crimes, when added to the need to deter further conduct, required the specified prison sentences with mandatory minimum term. A VCCB penalty of $30 was ordered for each conviction, a total of $60.
On appeal, defendant raises the following issues:
POINT I THE CONDITION BANISHING THE DEFENDANT FROM NEW JERSEY UPON HIS RELEASE ON PAROLE IS ILLEGAL AND MUST BE STRICKEN FROM HIS SENTENCE.
POINT II THE PAROLE DISQUALIFIER SHOULD BE VACATED BECAUSE THE AGGRAVATING FACTORS DO NOT SUBSTANTIALLY OUTWEIGH THE MITIGATING ONES, AND THE V.C.C.B. PENALTY MUST BE REDUCED.
The sentences imposed were warranted by the crimes, were authorized by applicable statutory standards, and did not constitute an abuse of discretion. Accordingly, the issue raised by defendant concerning the parole ...