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STATE v. MacALPIN

223 N.J. Super. 299 (1988)

538 A.2d 827

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT MACALPIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1988.

Attorney(s) appearing for the Case

Critchley & Roche, attorneys for appellant.

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent (Jeanne M. Andersen, Deputy Attorney General, of counsel and on the letter brief).

Before Judges HAVEY and STERN.

PER CURIAM.

On April 7, 1986, defendant pled guilty to Count I of an accusation charging him with sexual assault, N.J.S.A. 2C:14-2b, in exchange for a recommendation which included dismissal of Count II charging aggravated sexual assault, N.J.S.A. 2C:14-2a. According to the prosecutor, the plea recommendation was as follows:

The terms of the plea agreement, the Defendant agrees to retract this not guilty plea and plead guilty to Count One of...

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