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State v. Neira

May 19, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PABLO NEIRA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 07-05-00740-I.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 3, 2010

Before Judges Payne and Waugh.

Defendant, Pablo Neira, was convicted by a jury of second-degree attempted sexual assault, N.J.S.A. 2C:14-2c, second- degree sexual assault, N.J.S.A. 2C:14-2b,*fn1 second-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4a, and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b. He was sentenced to consecutive six-year terms on the two sexual assault convictions, the conviction for endangering the welfare of a minor was merged into them, and a concurrent one-year term of imprisonment was imposed for the fourth-degree crime of criminal sexual contact. Defendant has appealed.

On appeal, defendant raises the following arguments:

POINT I

THE PROSECUTOR'S STATEMENTS IN SUMMATION DENIED APPELLANT A FAIR TRIAL (Not Raised Below).

I. Improper Comments

II. Applicable Law

i. Appeal to Emotions and Sympathy.

ii. Call to Arms.

III. This Court Must Reverse.

POINT II

THE TRIAL COURT ERRED IN ADMITTING IRRELEVANT EVIDENCE OF A LETTER WHICH THE VICTIM WROTE TO HER MOTHER YEARS AFTER REPORTING ...


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