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State v. Dziegiel

Superior Court of New Jersey, Appellate Division

October 2, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
JOHN DZIEGIEL, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 11, 2013.

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 08-09-234.

Law Offices of Jef Henninger, attorneys for appellant (Joseph J. Compitello and Jef Henninger, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Jane C. Schuster, Deputy Attorney General, of counsel and on the brief).

Before Judges Sapp-Peterson and Lihotz.

PER CURIAM.

Defendant was charged in Monmouth County Indictment 08-09-234 with two counts of second-degree child endangerment for distributing child pornography, N.J.S.A. 2C:24-4b(5)(a), and one count of fourth-degree child endangerment by possessing child pornography, N.J.S.A. 2C:24-4b(5)(b). Tried by a jury, he was convicted on all charges. After merger, defendant was sentenced to six years in state prison, with no minimum period of parole ineligibility, and required to comply with Megan's Law, N.J.S.A. 2C:7-2. Defendant appeals from his conviction and the sentence imposed, arguing:

POINT ONE
THE TRIAL COURT ERRED BY NOT GRANTING DEFENDANT'S MOTION TO DISMISS.
POINT TWO
THE TRIAL COURT ERRED IN SENTENCING THE DEFENDANT TO SIX YEARS OF STATE PRISON.

We affirm.

The facts are taken from the record during the three-day jury trial, presided over by Judge Richard W. English. The State presented the testimony of investigating detectives employed by the New Jersey State Police digital technology investigation unit (DTIU); a detective from the State Police regional computer forensics lab, who ...


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