On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, FJ-04-4099-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 10, 2007
Before Judges Lintner and Parrillo.
J.S., also known as J.F., was adjudicated delinquent for an offense which, if committed by an adult, would constitute third-degree aggravated assault, N.J.S.A. 2C:12-1b(2). The adjudication followed a hearing before Judge Hornstine, who imposed a disposition committing J.S. to an indeterminate term of incarceration not to exceed nine months, consecutive to sentences he was serving for a violation of probation, and a drug offense.
The incident occurred during the evening hours of August 27, 2003, while the victim, I.M.,*fn1 was in front of her sister's house in Camden. According to I.M. and her sister, defendant arrived with his sisters, J.T. and B.T., and J.T. and B.T. began hitting I.M. After forcing I.M. to the ground, B.T. continued to kick and punch her. While I.M. was on the ground, J.S. stepped on her hair and struck her on the head with a beer bottle, breaking the bottle. I.M. lost consciousness and woke up the next day in Cooper Hospital where she remained for several days. The hospital record revealed that I.M. was treated by Dr. Hector Seriale for a cranial concussion.*fn2
J.S. presented two witnesses: his mother and a friend, K.O. Both defense witnesses testified that J.S. was not at the scene, I.M. and her sister started the fight, and a light-skinned man with black hair and wearing a T-shirt got out of a small white car and threw a beer bottle, which hit I.M.
Judge Hornstine found the victim and her sister credible and the resulting injury sufficiently severe to meet the "significant bodily injury" standard for third-degree aggravated assault. N.J.S.A. 2C:12-b(2). On appeal, J.S. argues:
THE ADJUDICATION OF DELINQUENCY WAS AGAINST THE WEIGHT OF THE EVIDENCE ADDUCED AT TRIAL.
THE STATE FAILED TO PROVE THE ELEMENTS OF AGGRAVATED ASSAULT AND THE ADJUDICATION OF DELINQUENCY BASED UPON CONDUCT THAT WOULD ...