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STATE v. PARTUSCH

214 N.J. Super. 473 (1987)

519 A.2d 946

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DAVID PARTUSCH, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1987.

Attorney(s) appearing for the Case

John A. Kaye, Monmouth County Prosecutor, attorney for appellant (Mark P. Stalford, Assistant Prosecutor, of counsel and on the letter brief and reply brief).

Falvo, Bonello, Moriarty & Steiger, attorneys for respondent (Charles M. Moriarty on the letter brief).

Before Judges FURMAN, SHEBELL and STERN.

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

The State appeals from a noncustodial probationary sentence imposed after defendant pled guilty to sexual assault, N.J.S.A. 2C:14-2b, as part of a negotiated plea involving a downgrade from second degree to third degree for purposes of sentencing. Other counts of the indictment were dismissed. At the time of the plea, defendant admitted touching the breasts and vagina of the victim on various occasions...

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