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State v. D.S.

May 26, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
D.S., SR., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 02-07-2833.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 23, 2010

Before Judges Grall and Messano.

Defendant D.S., Sr. appeals from the judgment of conviction and sentence imposed following a jury trial at which he was found guilty of first-degree aggravated sexual assault upon M.C., N.J.S.A. 2C:14-2(a)(1), and second-degree endangering the welfare of M.C., N.J.S.A. 2C:24-4(a). Defendant was sentenced to eighteen years in prison, with an 85% period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, on the sexual assault conviction, and a concurrent nine-year sentence on the endangering conviction. On appeal, defendant raises the following issues:

POINT I.

THE COURT'S DECISION TO REPLAY THE PRETRIAL VIDEOTAPED STATEMENT OF M.C. DURING JURY DELIBERATIONS WAS HIGHLY PREJUDICIAL AND PLACED UNDUE EMPHASIS ON M.C.'S VERSION OF THE FACTS.

POINT II.

THE COURT SHOULD HAVE LIMITED REPETITIVE TESTIMONY AS TO M.C.'S ALLEGATIONS AS AUTHORIZED BY N.J.R.E. 403 (Not Raised Below)

POINT III.

THE COURT'S FAILURE TO CONSIDER THE APPLICABLE MITIGATING FACTORS RESULTED IN AN EXCESSIVE SENTENCE.

We have considered these arguments in light of the record and applicable legal ...


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