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STATE v. TIRONE

124 N.J. Super. 530 (1973)

308 A.2d 38

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD TIRONE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 1973.

Attorney(s) appearing for the Case

Mr. Carl R. Lobel, Assistant Deputy Public Defender, argued the cause for the appellant (Mr. Stanley C. Van Ness, Public Defender, attorney for appellant).

Mr. Dante P. Mongiardo, Assistant Prosecutor, argued the cause for the respondent (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney for respondent).

Before Judges FRITZ, LYNCH and TRAUTWEIN.

PER CURIAM.

Defendant was indicted for assault with intent to rape, in violation of N.J.S.A. 2A:90-2, and rape, in violation of N.J.S.A. 2A:138-1. He was tried by a jury and found guilty of rape. The sentence imposed was a term of 10 to 15 years.

Amongst the alleged errors raised by defendant in this appeal with which we deal first are:

1. The admission into testimony of a "fresh complaint" made by the victim to her brother Larry Sanzari...

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