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STATE v. HESS

198 N.J. Super. 322 (1984)

486 A.2d 1301

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENNETH C. HESS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1984.

Attorney(s) appearing for the Case

Joseph G. Czarnecki, designated counsel, argued the cause for appellant (Joseph R. Rodriquez, Public Defender, attorney).

Ann McKeon, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; Steven Kaflowitz, Deputy Attorney General, of counsel and on the letter brief).

Before Judges MATTHEWS and COHEN.

The opinion of the court was delivered by RICHARD S. COHEN, J.A.D.

Defendant was indicted for sexual assault by touching the penis of an 11 year old boy, in violation of N.J.S.A. 2C:14-2(b). That section prohibits, as a second degree crime, sexual contact with a victim under 13 years old by a person at least four years older than the victim. Defendant moved for admission into the pretrial intervention ("PTI") program over the objection of the county prosecutor...

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