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State v. J.A.S.

June 4, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
J.A.S., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 04-01-00122.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 7, 2007

Before Judges Parker and C.S. Fisher.

Defendant J.A.S. appeals from a judgment of conviction entered on August 26, 2005 after a jury found him guilty of third degree endangering the welfare of a child, N.J.S.A. 2C:24-4a; and fourth degree criminal sexual contact, N.J.S.A. 2C:14- 3b. After the appropriate mergers, defendant was sentenced to a term of five years. We affirm.

These charges arose from a series of incidents in October 2002 when the victim, T.G., was thirteen years old. She lived with her parents, a brother, three older sisters and her seven-year-old niece. Defendant is the niece's father. He visited T.G.'s home twice a week to see his daughter. Beginning in October 2002, defendant began touching T.G.'s vaginal area and digitally penetrating her. In one instance, she alleged that he masturbated in front of her. T.G. told her girlfriend Nikki about the incidents and Nikki persuaded T.G. to talk to a school guidance counselor, which she did. The matter was reported to the police, who subsequently arrested defendant. In his statement to police, defendant maintained that T.G. approached him and unbuttoned her pants, but he said "no" and walked away.

In this appeal, defendant argues:

POINT ONE

THE EVIDENCE IS INSUFFICIENT TO SUSTAIN THE VERDICT. (PARTIALLY RAISED BELOW)

POINT TWO

IT WAS ERROR TO DENY THE MOTION FOR ACQUITTAL POINT THREE

THE SENTENCE WAS EXCESSIVE

We note initially that defendant did not move for a new trial. Consequently, his argument that the evidence was insufficient to sustain the ...


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