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STATE v. BUDIS

125 N.J. 519 (1991)

593 A.2d 784

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES G. BUDIS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Gilbert G. Miller, Assistant Prosecutor, argued the cause for appellant (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney).

Dennis M. Mahoney argued the cause for respondent (Mahoney & Mahoney, attorneys).

Robert E. Bonpietro, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The opinion of the Court was delivered by POLLOCK, J.

This appeal involves a conflict between the Rape Shield Statute, N.J.S.A. 2C:14-7, and defendant's constitutional right to confront accusing witnesses. A jury convicted defendant, James G. Budis, of two counts of aggravated sexual assault, and the trial court sentenced him to fifteen years in prison. The charges stemmed from two incidents in 1988 between defendant and his cousin's nine-year-old daughter...

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