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STATE v. THOMPSON

179 N.J. Super. 27 (1981)

430 A.2d 246

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TYRONE THOMPSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 1981.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender of New Jersey, attorney for appellant (Lawrence Y. Bitterman, Assistant Deputy Public Defender, of counsel and on the brief).

James R. Zazzali, Attorney General of New Jersey, attorney for respondent (Wayne J. Martorelli, Deputy Attorney General, of counsel and on the brief).

Before Judges BOTTER and KING.

The opinion of the court was delivered by KING, J.A.D.

Defendant was convicted of a violation of N.J.S.A. 2A:138-1, carnal abuse, and was sentenced to an indeterminate term at the reformatory complex, not to exceed seven years. On this appeal defendant contends: (1) N.J.S.A. 2A:138-1 is unconstitutional because it creates an impermissible gender classification, in violation of the Equal Protection Clause of the Federal Constitution; (2) the trial judge...

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