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STATE v. SMULLEN

118 N.J. 408 (1990)

571 A.2d 1305

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

The Supreme Court of New Jersey.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Debra L. Stone, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Stephen M. Pascarella argued the cause for respondent (Francis X. Moore, attorney, Stephen M. Pascarella and Robin T. Wernik, on the brief).

The opinion of the Court was delivered by O'HERN, J.

The central question in this appeal is whether the proceedings establish an adequate factual basis for a guilty plea to criminal sexual contact with a young child. The facts of this case, like those in so many improper sexual contact cases, are mortifying to a defendant. In many cases a family member is (or has been) the victim of the crime. Here it was not. Still, it is not surprising that defendant did not wish...

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