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STATE v. REYES

237 N.J. Super. 250 (1989)

567 A.2d 287

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PHILLIP REYES, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1989.

Attorney(s) appearing for the Case

John S. Furlong argued the cause for appellant.

John J. Scaliti, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Mr. Scaliti of counsel and on the brief).

Before Judges J.H. COLEMAN, BAIME and D'ANNUNZIO.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

In a jury trial, defendant was convicted of aggravated sexual assault, contrary to N.J.S.A. 2C:14-2a and possession of a knife for unlawful purposes, contrary to N.J.S.A. 2C:39-4d. After merging the possessory offense with the aggravated sexual assault, defendant was sentenced to a custodial term of 20 years with 10 years of parole ineligibility. Defendant has appealed, contending:

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