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STATE v. DeFRANCO

No. A-2054-10T4

43 A.3d 1253 (2012)

426 N.J. Super. 240

STATE of New Jersey, Plaintiff-Respondent, v. Patrick DeFRANCO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 2012.

Attorney(s) appearing for the Case

Judson L. Hand argued the cause for appellant (Law Offices of Alan L. Zegas, attorney; Alan L. Zegas , Chatham, and Mr. Hand , on the briefs).

Steven A. Yomtov , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Mr. Yomtov , of counsel and on the brief).

Before Judges PAYNE, REISNER and SIMONELLI.

The opinion of the court was delivered by

PAYNE, P.J.A.D.

A superseding indictment was handed down on October 28, 2009, charging defendant, Patrick DeFranco, with first-degree aggravated sexual assault, N.J.S.A. 2C:14-2a(2)(b), second-degree sexual assault, N.J.S.A. 2C:14-2c(4), and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. Shortly thereafter, defendant moved to suppress evidence of a telephone conversation that...

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