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STATE v. R.P.

A-108 September Term 2013, 073796

126 A.3d 1226 (2015)

223 N.J. 521

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

Supreme Court of New Jersey.

Decided December 14, 2015.

Attorney(s) appearing for the Case

Paul H. Heinzel , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant ( Christopher J. Gramiccioni , Acting Monmouth County Prosecutor, attorney; Mr. Heinzel and Mary R. Juliano , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs).

Al Glimis , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney).

In this appeal, the Appellate Division vacated defendant's conviction for first-degree aggravated sexual assault because the trial court failed to charge the jury on the lesser-included offense of second-degree sexual assault. In doing so, the Appellate Division denied, without comment, the State...

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