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State ex rel. A.W.

Superior Court of New Jersey, Appellate Division

September 3, 2013

STATE OF NEW JERSEY IN THE INTEREST OF A.W., A JUVENILE.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 23, 2013

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FJ-03-0536-11.

Joseph E. Krakora, Public Defender, attorney for appellant A.W. (Kisha M. Hebbon, Designated Counsel, on the brief).

Robert D. Bernardi, Burlington County Prosecutor, attorney for respondent (Jennifer B. Paszkiewicz, Assistant Prosecutor, of counsel and on the brief).

Before Judges Espinosa and Hoffman.

PER CURIAM

Appellant A.W. appeals from the Family Part's adjudication of juvenile delinquency for engaging in conduct which, if committed by an adult, would have constituted first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1). The court imposed a four-year suspended term at the Training School for Boys, and a three-year term of probation, conditioned upon a psychiatric evaluation and counseling, plus applicable fees and penalties.

A.W. raises the following issue for our consideration:
POINT I:
THE ADJUDICATION OF DELINQUENCY FOR THE OFFENSE OF AGGRAVATED SEXUAL ASSAULT, IN VIOLATION OF N.J.S.A. 2C:14-2a(1), MUST BE REVERSED BECAUSE THE RECORD DOES NOT REFLECT SUFFICIENT CREDIBLE EVIDENCE TO SUPPORT THE JUDGE'S DETERMINATION.

We have considered this arguments in light of the record and applicable legal standards. For the reasons that follow, we affirm.

I.

The following evidence was presented during the bench trial in the Family Part. On July 21, 2010, Detective Jamie Clements of the Evesham Township Police Department responded to the Burlington County Prosecutor's Office Child Advocacy Center for the purpose of interviewing children regarding a claim of sexual abuse. Upon arrival, she interviewed Vivian, who was then nine years old, as well as her sister, Cora, who was then six years old.[1] During the videotaped interview, Vivian said that her adoptive brother, A.W., had her engage in sexual activity, which, as described, would constitute sexual intercourse, cunnilingus and fellatio. This occurred ...


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