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State v. Buda

July 24, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RYAN BUDA, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 03-06-0798.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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:

POINT I

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR ACQUITTAL (U.S. CONST., Amend. V, XIV; N.J. CONST., Art. I, Par. 10)

POINT III

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, ...


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