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STATE v. R.T.

DOCKET NO. A-1131-06T4.

983 A.2d 1177 (2009)

411 N.J. Super. 35

STATE of New Jersey, Plaintiff-Respondent, v. R.T., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 2009.

Attorney(s) appearing for the Case

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

Anne Milgram, Attorney General, attorney for respondent (Johanna Barba Jones, Deputy Attorney General, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges AXELRAD, SAPP-PETERSON and ESPINOSA.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

Defendant was convicted, after a trial, of multiple counts of first-degree aggravated sexual assault and one count of second-degree endangering the welfare of a minor. In this appeal we consider primarily whether defendant's right to a fair trial was prejudiced by the court charging the jury with intoxication as possibly negating an element of the crime, over defendant's objection. Finding error,...

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