STATE EX REL. A.S.

DOCKET NO. A-5747-07T4.

975 A.2d 1060 (2009)

409 N.J. Super. 99

STATE of New Jersey in the Interest of A.S.

Superior Court of New Jersey, Appellate Division.

Decided August 12, 2009.


Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant A.S. (Yvonne Smith Segars, Public Defender, attorney; Mr. Wilensky, of counsel and on the brief).

Eric M. Mark, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Wayne J. Forrest, Somerset County Prosecutor, attorney; Michael McLaughlin, Assistant Prosecutor, on the brief).

Ronald K. Chen, Acting Child Advocate, for amicus curiae Office of the Child Advocate (Joastrid Glading, Assistant Public Advocate, Joseph F. Suozzo, First Assistant Child Advocate, and Christopher G. Jackson, Assistant Child Advocate, on the brief).

Ann Milgram, Attorney General, for amicus curiae Office of the Attorney General (Leslie-Ann M. Justus, Deputy Attorney General, of counsel and on the brief).

Before Judges A.A. RODRÍGUEZ, PAYNE and WAUGH.


The opinion of the court was delivered by

PAYNE, J.A.D.

A.S., a fourteen-year-old girl, was charged with one count of conduct which, if committed by an adult, would constitute first-degree aggravated sexual assault, commission of an act of sexual penetration on a victim who is less than thirteen years of age, N.J.S.A. 2C:14-2a. Following a determination that the four-year-old victim, C.J., was competent to testify, a delinquency hearing, together with...

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