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STATE v. SMITH

310 N.J. Super. 140 (1998)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TIMOTHY SMITH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1998.

Attorney(s) appearing for the Case

Paul B. Halligan, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Mr. Halligan, of counsel and on the brief).

Jordana Jakubovic, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Ms. Jakubovic, of counsel and on the brief).

Before Judges BAIME, WEFING and BILDER.

The opinion of the court was delivered by BILDER, J.A.D. (retired and temporarily assigned on recall).

Following a jury trial defendant Timothy Smith was found guilty of aggravated sexual assault, N.J.S.A. 2C:14-2a.2 He was sentenced to a custodial term of 17 years and a VCCB penalty was imposed.

The conviction arose from an aggravated sexual assault on defendant's fiancee's eight year old niece, T.I.T.I. was visiting her...

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