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STATE v. BURDEN

203 N.J. Super. 149 (1985)

495 A.2d 1378

STATE OF NEW JERSEY, PLAINTIFF, v. MAURICE BURDEN AND ELLIS SMITH, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal), Essex County.

Decided May 8, 1985.

Attorney(s) appearing for the Case

Ernest Blair, Assistant Prosecutor, for the State (George L. Schneider, Essex County Prosecutor, attorney).

Pamela A. Baken for defendant Maurice Burden.

Walter E. Florczak for defendant Ellis Smith.

OPINION

VILLANUEVA, J.S.C.

The defendants were indicted for five counts of first degree aggravated sexual assault (as well as five counts of kidnapping, terroristic threats and possession of a weapon for an unlawful purpose), allegedly committed against two victims, ages 15 and 18.

The issue presented is whether second degree "statutory rape", N.J.S.A. 2C:14-2c(5), is a lesser included offense...

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