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State of New Jersey v. J.M

January 18, 2013

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



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 08-02-0276.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 7, 2012

Before Judges Messano and Kennedy.

Following trial, the jury acquitted defendant J.M. of first-degree sexual assault of T.B., N.J.S.A. 2C:14-2(a), but convicted him of second-degree sexual assault, N.J.S.A. 2C:14-2(b), and second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). Defendant was sentenced to eight years' imprisonment on the sexual assault, with an 85% period of parole ineligibility pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2. A concurrent five-year sentence was imposed on the endangering conviction.

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

POINT I

REVERSAL IS REQUIRED DUE TO PROSECUTORIAL MISCONDUCT DURING SUMMATION, WHEN THE PROSECUTOR ARGUED THAT THE ALLEGED MINOR VICTIM'S UNWILLINGNESS TO ANSWER THE QUESTIONS OF DEFENSE COUNSEL ON CROSS-EXAMINATION SHOULD BE REGARDED BY THE JURY AS EVIDENCE THAT THE CHILD WAS AFRAID OF DEFENDANT, AND PERSONALLY VOUCHED FOR T.B. (Not Raised Below)

POINT II

ALTHOUGH THE TRIAL JUDGE CORRECTED HIS EARLIER ERROR IN HIS CHARGE ON ENDANGERING THE WELFARE OF A CHILD, HE DID NOT TELL THE JURY TO DISREGARD THE ERRONEOUS CHARGE. (Not Raised Below)

POINT III

REVERSAL IS REQUIRED BECAUSE OF THE CUMULATIVE EFFECT OF THE ERRORS SET FORTH IN POINTS I AND II, ...


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