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STATE v. LEE

No. A-1246-09T2.

9 A.3d 190 (2010)

417 N.J. Super. 219

STATE of New Jersey, Plaintiff-Appellant, v. James LEE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 2010.

Attorney(s) appearing for the Case

Robert D. Laurino , Acting Essex County Prosecutor, attorney for appellant (Debra G. Simms, Special Deputy Attorney General, Acting Assistant Prosecutor, of counsel and on the brief).

Yvonne Smith Segars , Public Defender, attorney for respondent (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges FUENTES, GILROY and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

The State appeals from an order of the Law Division dismissing a one-count indictment. We affirm.

Our standard of review is plenary from a question of law. We must interpret provisions of New Jersey's Code of Criminal Justice (the Code) to determine whether a defendant who knowingly masturbates within view of a non-consenting adult has committed criminal sexual contact in violation of N.J...

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