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. Quintyne

November 30, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID QUINTYNE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-12-2384.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 3, 2007

Before Judges Axelrad, Payne and Messano.

A jury convicted defendant, David Quintyne, of first-degree aggravated sexual assault committed during a kidnapping, N.J.S.A. 2C:14-2a(3); first-degree aggravated sexual assault committed during a burglary, N.J.S.A. 2C:14-2a(3); first-degree aggravated sexual assault while armed with a deadly weapon, a knife, N.J.S.A. 2C:14-2a(4); second-degree sexual assault by use of physical force, N.J.S.A. 2C:14-2c(1); first-degree kidnapping, N.J.S.A. 2C:13-1b; second-degree burglary while armed, N.J.S.A. 2C:18-2; third-degree theft by unlawful taking, N.J.S.A. 2C:20-3; third-degree utterance of terroristic threats to kill, N.J.S.A. 2C:12-3b; third-degree possession of a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d; and fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5d. Defendant was sentenced to concurrent twenty-year terms for aggravated sexual assault during the commission of a kidnapping and for kidnapping, both of which terms were subject to the eighty-five percent parole ineligibility provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Following merger, defendant was sentenced to lesser concurrent terms for the remaining crimes.

Defendant has appealed from his conviction and sentence, raising the following arguments:

POINT ONE

THE COURT WRONGFULLY DENIED THE MOTION FOR JUDGMENT OF ACQUITTAL.

POINT TWO

THE VERDICT IS AGAINST THE WEIGHT OF THE EVIDENCE. (NOT RAISED BELOW.)

POINT THREE

THE COMMENTS OF THE PROSECTUTOR IN SUMMATION ARE REVERSIBLE ERROR.

POINT FOUR

THE ACCUMULATION OF ERRORS DEMAND THAT THE DEFENDANT BE RETRIED.

POINT FIVE

THE SENTENCE WAS MANIFESTLY ...


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.