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State ex rel J.E.

July 23, 2009

STATE OF NEW JERSEY IN THE INTEREST OF J.E., A MINOR, JUVENILE-APPELLANT.


On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FJ-03-2346-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 1, 2009

Before Judges Lisa and Sapp-Peterson.

J.E., a seventeen-year-old juvenile at the time of the offense, was adjudicated delinquent for conduct that would constitute second-degree sexual assault, N.J.S.A. 2C:14-2b, if committed by an adult. Judge Call imposed a suspended two-year custodial disposition and three years probation, with special conditions for sex-specific treatment. The judge also ordered J.E. to register as a youthful sexual offender under Megan's Law.

J.E. argues on appeal:

POINT I

THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING THE JUVENILE'S MOTION FOR A JUDGMENT OF ACQUITTAL AT THE END OF THE STATE'S CASE.

POINT II

THE ORDER OF DISPOSITION SHOULD BE REVERSED BECAUSE THE TRIAL COURT ABUSED ITS DISCRETION AND DEPRIVED THE JUVENILE OF A FAIR TRIAL BY FAILING TO CONSIDER THE LESSER INCLUDED OFFENSE OF HARASSMENT (NOT RAISED BELOW).

POINT III

IMPOSITION OF A 3 YEAR PERIOD OF PROBATION CONSTITUTED AN ABUSE OF THE ...


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