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STATE v. PATERNA

195 N.J. Super. 124 (1984)

478 A.2d 427

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSEPH J. PATERNA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1984.

Attorney(s) appearing for the Case

Alvin G. Shpeen, Gloucester County Prosecutor, attorney for appellant (Lawrence Magid, First Assistant Prosecutor, of counsel and on the brief).

Alfred T. Sanderson, attorney for respondent.

Before Judges J.H. COLEMAN and BRODY.

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

Plaintiff pled guilty to committing a sexual assault contrary to N.J.S.A. 2C:14-2(c)(5), a second degree crime. The trial judge imposed a sentence of five years probation with the special condition that defendant serve a 364-day jail term. Pursuant to a plea agreement a second count charging endangering the welfare of a child (N.J.S.A. 2C:24-4) was dismissed.

The State appeals invoking ...

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