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State v. Volcy

Superior Court of New Jersey, Appellate Division

July 11, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
BIGVAL VOLCY, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 3, 2012

On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 07-12-4024.

Joseph E. Krakora, Public Defender, attorney for appellant (Susan Brody, Assistant Deputy Public Defender, of counsel and on the brief).

Carolyn A Murray, Acting Essex County Prosecutor, attorney for respondent (Sara A. Friedman, Special Deputy Attorney General/ Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges Graves and Espinosa.

PER CURIAM

In a thirty-one count indictment, defendant Bigval Volcy was charged with fifteen counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1) (counts one, three, five, seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, twenty-one, twenty-four, twenty-six, twenty-eight, and thirty); five counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts fourteen, eighteen, twenty-two, twenty-seven, and thirty-one); ten counts of second-degree endangering the welfare of a minor, N.J.S.A. 2C:24-4(a) (counts two, four, six, eight, ten, twelve, sixteen, twenty, twenty-five, and twenty-nine); and one count of making terroristic threats, N.J.S.A. 2C:12-3 (count twenty-three). The charges alleged that defendant sexually abused his two cousins, Molly and Sandra, [1] over a seven-year period from November 1995 through June 2002.

Defendant's trial took place in July 2009. At the close of the State's case, the court dismissed count twenty-three (making terroristic threats). The jury acquitted defendant of counts one through eighteen, but convicted him of counts nineteen through twenty-two and twenty-four through thirty-one.

On January 21, 2010, the court sentenced defendant to concurrent fifteen-year terms of imprisonment, with an eighty-five percent period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2, for six counts of first-degree aggravated sexual assault. The court imposed concurrent seven- year terms of imprisonment for three counts of second-degree sexual assault and three counts of second-degree endangering the welfare of a minor. The court also ordered defendant to register as a sex offender, N.J.S.A. 2C:7-2, and sentenced defendant to parole supervision for life, N.J.S.A. 2C:43-6.4.

Defendant presents the following arguments on appeal:

POINT I
THE [CHILD SEXUAL ABUSE ACCOMODATION] EXPERT'S TESTIMONY EXCEEDED THE BOUNDS ESTABLISHED BY THE SUPREME COURT IN STATE v. W.B., [205 ...

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