On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 03-06-0798.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 1, 2006
Decided December 20, 2006
Remanded by the Supreme Court June 23, 2008
Resubmitted July 14, 2008
Before Judges Stern, Sabatino and Messano.
The Supreme Court has remanded this matter for us to decide the remaining issues which we did not address in light of our reversal of defendant's conviction on three counts of second degree endangering the welfare of a child and one count of aggravated assault. State v. Buda, __ N.J. __, __, __ (June 23, 2008) (slip op. at 12, 38, n.7). The remaining issues deal with the sufficiency of the evidence, a challenge to the jury instructions, and a claim that defendant's aggregate eight year sentence was illegal and excessive. Specifically, he argues in the remaining points:
THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ACQUITTAL (U.S. CONST., Amend. V, XIV; N.J. CONST., Art. I, Par. 10)
THE TRIAL COURT'S FAILURE TO COMPLETELY AND PROPERLY INSTRUCT THE JURY DENIED DEFENDANT'S DUE PROCESS AND FAIR TRIAL RIGHTS AND CONSTITUTED REVERSIBLE ERROR (U.S. Const. Amend. V, VI, ...