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STATE v. R.P.

A-108 September Term 2013, 073796

126 A.3d 1226 (2015)

223 N.J. 521

STATE of New Jersey, Plaintiff-Appellant, v. R.P., Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 14, 2015.

Attorney(s) appearing for the Case

Paul H. Heinzel, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant (Christopher J. Gramiccioni, Acting Monmouth County Prosecutor, attorney; Mr. Heinzel and Mary R. Juliano, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs).

Al Glimis, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney).

In this appeal, the Appellate Division vacated defendant's conviction for first-degree aggravated sexual assault because the trial court failed to charge the jury on the lesser-included offense of second-degree sexual assault. In doing so, the Appellate Division denied, without comment, the State...

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