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STATE v. RIVERA

133 N.J. Super. 453 (1975)

337 A.2d 385

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE RIVERA, A/K/A PEPE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 1975.

Attorney(s) appearing for the Case

Mr. Herbert Klitzner argued the cause for appellant (Messrs. Lewis and De Clemente, attorneys; Mr. Thomas A. De Clemente, of counsel).

Mr. Richard J. Engelhardt, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges COLLESTER, LORA and HANDLER.

PER CURIAM.

Defendant Jose Rivera was charged with (1) atrocious assault and battery, contrary to the provisions of N.J.S.A. 2A:90-1, and (2) cruelty to a child, in violation of N.J.S.A. 9:6-3. He was tried to a jury and found guilty on count two of the indictment and acquitted on the first count of the indictment. A motion for judgment n.o.v. or, in the alternative, for a new trial, was denied and he was given a suspended one to two-year sentence...

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