On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-12-2384.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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:
THE COURT WRONGFULLY DENIED THE MOTION FOR JUDGMENT OF ACQUITTAL.
THE VERDICT IS AGAINST THE WEIGHT OF THE EVIDENCE. (NOT RAISED BELOW.)
THE COMMENTS OF THE PROSECTUTOR IN SUMMATION ARE REVERSIBLE ERROR.
THE ACCUMULATION OF ERRORS DEMAND THAT THE DEFENDANT BE RETRIED.
THE SENTENCE WAS MANIFESTLY ...