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STATE v. HAROLD

183 N.J. Super. 485 (1982)

444 A.2d 605

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES HAROLD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1982.

Attorney(s) appearing for the Case

John M. Apicella, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Mary Jane Cooper, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey, attorney).

Before Judges MICHELS, McELROY and J.H. COLEMAN.

The opinion of the court was delivered by McELROY, J.A.D.

In a trial by jury defendant was convicted of (1) rape, contrary to N.J.S.A. 2A:138-1; (2) assault with intent to rape, in violation of N.J.S.A. 2A:90-2, and (3) breaking and entering with intent to rape, a violation of N.J.S.A. 2A:94-1. Defendant's motion for a new trial was denied. The trial judge sentenced him to 20 to 25 years on the rape conviction, merged count two with the rape count...

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