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STATE v. McALLISTER

928 A.2d 33 (2007)

394 N.J. Super. 571

STATE of New Jersey, Plaintiff-Respondent, v. Daniel C. McALLISTER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2007.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Joel M. Harris, Designated Counsel, of counsel and on the brief).

Thomas F. Kelaher, Ocean County Prosecutor, attorney for respondent (Patricia S. Toreki, Assistant Prosecutor, of counsel and on the brief).

Before Judges SKILLMAN, LISA and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether a conviction for the elevated first degree offense of endangering the welfare of a child by the production of pornography proscribed by N.J.S.A. 2C:24-4b(3), which requires the State to show that the defendant was a "parent, guardian or other person legally charged with the care or custody of the child," can be based on evidence that the defendant...

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