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State v. Gilligan

Superior Court of New Jersey, Appellate Division

May 28, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
GERARD J. GILLIGAN, Defendant-Appellant. STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
GERARD J. GILLIGAN, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 4, 2013

On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 11-01-0082.

Gerard J. Gilligan, appellant, argued the cause pro se.

Ian D. Brater, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent in A-4890-10 (Christoper J. Gramiccioni, Acting Monmouth County Prosecutor, attorney; Mr. Brater, of counsel and on the brief).

John E. Anderson, Special Deputy Attorney General/Acting Assistant Essex County Prosecutor, argued the cause for respondent in A-5500-10T4 (Carolyn A. Murray, Acting Essex County Prosecutor, attorney; Mr. Anderson, on the brief).

Before Judges Graves, Ashrafi and Espinosa.

PER CURIAM

Defendant Gerard Gilligan appeals following his guilty pleas pursuant to plea agreements in Monmouth (A-4890-10T4) and Essex (A-5500-10) Counties. He pleaded guilty in each county to a fourth-degree charge of violating the conditions of community supervision for life ("CSL"), N.J.S.A. 2C:43-6.4, which was imposed on defendant as part of a prior sentence for a sex offense. We address the two appeals together in one opinion. Because the issues defendant raises were not preserved for appeal as a condition of his guilty pleas, as required by Rule 3:9-3(f), we dismiss the appeals.

Defendant is a fifty-nine-year-old former attorney. In 2000, he pleaded guilty to second-degree sexual assault of a child, N.J.S.A. 2C:14-2(b). At the time, he was on probation for a 1995 disorderly persons conviction for lewdness in the presence of children. Defendant was sentenced in Essex County on the sexual assault charges to three years imprisonment, Megan's Law requirements, CSL, and statutory money penalties.

Upon his release from prison in 2002, defendant signed conditions of CSL, including that he must reside at a residence approved by his assigned parole officer and he must obtain permission of the parole officer before changing his residence or leaving the state for any reason. In 2004, he moved to Tennessee without getting permission from his parole officer. Over the next several years, defendant moved to different places, including New York and Ireland. In February 2010, he was arrested in Washington, D.C. A Monmouth County grand jury indicted him in April 2010 on one count of fourth-degree violating CSL, N.J.S.A. 2C:43-6.4(d), by leaving New Jersey and changing his residence without the permission of his parole officer.

Defendant was returned to New Jersey. He was released from custody in the latter part of April 2010. At the time of his release, he was notified in writing of a new condition of CSL requiring that he not access any internet social networking sites. In October 2010, parole officers went to his residence in Montclair and found evidence of violations of that condition on his laptop computer. After four days in custody on charges of violating the new condition of CSL, he was released on bail. He was subsequently indicted in Essex County on two fourth-degree charges of violating CSL by accessing social networking sites, or viewing or possessing sexual material.

In the Monmouth County case, Judge Francis J. Vernoia denied defendant's motion to dismiss the 2010 indictment. He then entered into a plea agreement with the Monmouth County Prosecutor's Office. On March 23, 2011, he pleaded guilty before Judge Vernoia to the fourth-degree charge arising from the 2004 CSL violation in exchange for a sentence of time already served in custody after his arrest in Washington, D.C., and transfer to New Jersey.

On April 26, 2011, he entered into a plea agreement with the Essex County Prosecutor's Office to plead guilty to one of the two counts in the Essex County indictment in exchange for the time served in Essex County. He ...


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