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State v. Altieri

August 19, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANTHONY M. ALTIERI, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 05-01-0063.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 20, 2010

Before Judges Fuentes, Gilroy and Simonelli.

On June 27, 2005, defendant Anthony M. Altieri pled guilty, pursuant to a negotiated agreement, to one count of third degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a).*fn1 The crime occurred in 1994 and involved the fourteen-year-old daughter of defendant's then live-in paramour.

The following colloquy took place between defendant and the Judge presiding at the plea hearing.

[THE COURT:] Do you understand that you will be subject to special parole supervision for life? It's called community supervision for life in this form, but they have changed the name of it to special parole supervision for life.

[THE DEFENDANT:] Sir, may I speak, please?

[THE COURT:] Sure.

[THE DEFENDANT:] At the time of the alleged offense, it was before Megan's Law was enacted, and I feel as though that portion of the law [doesn't] apply to me, the section --

THE COURT: Well, it does apply to you. I am telling you as a matter of law it does apply to you, whether it was before or after Megan's Law. And that's been adjudicated by our Supreme Court. You're pleading guilty to an offense, and it does apply to you.

Now if you don't want to plead guilty, you want to go to trial, that's okay. You signed the form. I'm just asking you if you understand these requirements.

THE DEFENDANT: Yes, sir.

THE COURT: Doesn't apply to you? You think it doesn't apply, I'll rip up the papers now, we'll just put it ...


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