Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Smith

April 22, 1998

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TIMOTHY SMITH, DEFENDANT-APPELLANT.



Argued March 18, 1998

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

Before Judges Baime *fn1 , Wefing and Bilder.

The opinion of the court was delivered by: Bilder, J.A.D. (retired and temporarily assigned on recall).

Following a jury trial defendant Timothy Smith was found guilty of aggravated sexual assault, N.J.S.A. 2C:14-2a. *fn2 He was sentenced to a custodial term of 17 years and a VCCB penalty was imposed.

The conviction arose from an aggravated sexual assault on defendant's fiancee's eight year old niece, T.I. T.I. was visiting her aunt at the time and later, after returning to her home she reported the incident to her mother, who in turn reported it to the Prosecutor's Office.

In his brief on appeal defendant makes the following contentions:

POINT I

THE COURT ERRED IN ALLOWING THE VICTIM TO TESTIFY ON CLOSED CIRCUIT TELEVISION.

POINT II

THE TRIAL COURT ERRED IN ALLOWING THE JURY TO VIEW THE VIDEOTAPED INTERVIEW OF T.I. CONDUCTED BY DETECTIVE KOENIG OF THE UNION COUNTY PROSECUTOR'S OFFICE.

POINT III

THE PROSECUTOR'S MISCONDUCT DENIED DEFENDANT A FAIR TRIAL AND DEFENDANT'S CONVICTION MUST BE REVERSED.

POINT IV

THE SEVENTEEN YEAR SENTENCE IS ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.