226 N.J. Super. 441 (1988)

544 A.2d 883


Superior Court of New Jersey, Appellate Division.

Decided July 21, 1988.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Paul Gauer, Designated Counsel, of counsel and on the letter brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent (Annmarie Cozzi, Deputy Attorney General, of counsel and on the brief).

Before Judges GAULKIN and DREIER.

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

Defendant has appealed from a conviction of second degree sexual assault, N.J.S.A. 2C:14-2b. He was sentenced to a term of 10 years, the maximum permitted for a second degree crime, although the trial judge imposed no period of parole ineligibility.

On November 5, 1984 defendant awakened his four-year old niece who was spending the night at the...

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