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State v. G.L.G.

November 4, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
G.L.G., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 03-08-1574.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 25, 2010

Before Judges Reisner and Sabatino.

Defendant G.L.G.*fn1 appeals from a July 27, 2009 trial court order denying his petition for post-conviction relief (PCR). We affirm.

I.

Based on evidence that defendant molested his girlfriend's five-year-old daughter, a jury convicted him of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1); second-degree sexual assault, N.J.S.A. 2C:14-2b; and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. The trial court imposed an aggregate sentence of sixteen years in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2a. We affirmed his conviction on direct appeal.*fn2 State v. G.L.G., No. A-3622-04 (App. Div. July 6, 2007), certif. denied, 193 N.J. 221 (2007).

The facts were discussed at length in our opinion on the direct appeal and need not be repeated here in the same detail. In summary, the victim's mother, who lived in New Jersey, met defendant, an Alabama resident, through an internet chat room, and eventually invited him to visit her in New Jersey. On March 23, 2003, while defendant was staying with the mother and her child at the mother's New Jersey apartment, the mother went out to a party and left the child alone with defendant. A little over a month later, the child revealed to a family friend named Ruth, and then to the mother, that defendant had sexually assaulted her.

After the mother reported the alleged assault to the police, an investigator from the prosecutor's office conducted a videotaped interview with the child. At defendant's trial, the State presented testimony from the mother and Ruth, as well as testimony from the child victim and the videotape of the child's interview. In his trial testimony, defendant denied molesting the child. He also presented medical testimony that there was no physical evidence of a sexual assault. On his direct appeal, defendant raised the following issues:

POINT I

[THE CHILD'S] STATEMENTS TO [RUTH], [HER MOTHER] AND DETECTIVE PAGLINO CONSTITUTED INADMISSIBLE HEARSAY TESTIMONY. U.S. CONST., AMEND. VI; N.J. CONST., ART. I, PAR. 10.

A. Sixth Amendment Violation

B. Violations of Hearsay Rule and State ...


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