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STATE v. CONDON

919 A.2d 178 (2007)

391 N.J. Super. 609

STATE of New Jersey, Plaintiff-Respondent, v. Robert T. CONDON, a/k/a Bob T. Condon, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 2007.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, for appellant (Susan Brody, Assistant Deputy Public Defender, of counsel and on the brief).

Wayne J. Forrest, Somerset County Prosecutor, for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief).

Before Judges COBURN, R.B. COLEMAN and GILROY.

The opinion of the court was delivered by

GILROY, J.A.D.

The question presented is whether a defendant charged with attempted sexual assault may be found guilty under N.J.S.A. 2C:5-1a(1), where the defendant is arrested before completing the act, which would have constituted the underlying crime. We hold that he may not be found guilty under that section of the criminal attempt statute. We also hold that under those facts, if the defendant has taken...

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