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State v. A.C.

March 24, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
A.C., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 03-08-0802.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 13, 2010

Before Judges Sapp-Peterson and Espinosa.

On August 25, 2003, defendant A.C. was charged in Passaic County Indictment No. 03-08-0802-I with second-degree attempted aggravated sexual assault of L.F., N.J.S.A. 2C:5-1(a)(3) and 2C:14-2(a)(1) (Count One); second-degree sexual assault of L.F., N.J.S.A. 2C:14-2(b) (Counts Two and Six); third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a) (Counts Three, Five, and Seven); and third-degree aggravated criminal sexual contact of K.V., N.J.S.A. 2C:14-3(a) (Count Four). Counts Four and Five were severed prior to trial, and defendant was tried on the remaining counts before the Honorable Ernest M. Caposela, J.S.C., and a jury, in September of 2005. On September 20, 2005, the jury returned a verdict of guilty, convicting defendant of all counts. The court imposed concurrent seven-year terms with an eighty-five percent period of parole ineligibility, pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on Counts One, Two and Six, and concurrent five-year terms on Counts Three and Seven. Counts Four and Five were dismissed. On May 23, 2007, defendant filed a notice of appeal. We affirm.

On appeal, defendant raises the following points for our consideration:

POINT ONE

THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR A MISTRIAL BECAUSE DETECTIVE BATTE'S TESTIMONY THAT DEFENDANT'S INTERROGATION ENDED AFTER DEFENDANT REQUESTED AN ATTORNEY INFRINGED UPON DEFENDANT'S PRIVILEGE AGAINST SELF-INCRIMINATION.

POINT TWO

PROSECUTORIAL MISCONDUCT DEPRIVED DEFENDANT OF HIS DUE PROCESS RIGHT TO A FAIR TRIAL.

POINT THREE

THE TRIAL COURT ABUSED ITS DISCRETION IN SENTENCING DEFENDANT TO A SEVEN-YEAR TERM WITH AN [EIGHTY-FIVE PERCENT] PERIOD OF PAROLE INELIGIBILITY WHERE THERE WERE SIGNIFICANT MITIGATING FACTORS AND THE ONLY AGGRAVATING FACTOR WAS A GENERAL NEED TO DETER.

Defendant's convictions arose out of defendant's alleged sexual assault of his niece, L.F, during the summer of 2002 and December of 2002. That summer, while attending a family gathering at a local lake, defendant approached L.F. in the ...


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