RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4041-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.A.M.,1 Defendant-Appellant. _______________________ Submitted January 21, 2021 – Decided April 29, 2021 Before Judges Alvarez and Mitterhoff. On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 13-04-0344. Joseph E. Krakora, Public Defender, attorney for appellant (John V. Molitor, Designated Counsel, on the briefs). Lyndsay V. Ruotolo, Acting Union County Prosecutor, attorney for respondent (Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). 1 We use initials for defendant's name to protect the identity of the minor victim. See R. 1:38-3(c)(9). PER CURIAM Defendant C.A.M. appeals from the March 19, 2019 denial of his petition for post-conviction relief (PCR) based on ineffective assistance of counsel. We affirm for the reasons stated by Judge Regina Caulfield, P.J.Cr., in her thoughtful, cogent, and well-reasoned fifty-one-page written decision. Judge Caulfield was also the trial judge. Ultimately, defendant was convicted by a jury of a lesser-included count of third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a) (count three); two counts of lesser- included fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b) (counts six and nine); and second-degree child endangering, N.J.S.A. 2C:24-4(a)(1) (count ten). He was acquitted of six other counts, which included two counts of first - degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(2) (counts one and two); two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1) (counts four and five); and two counts of second-degree sexual assault, N.J.S.A. 2C:14- 2(c)(4) (counts seven and eight). Judge Caulfield sentenced defendant on February 5, 2016, to concurrent terms—six years of imprisonment on the second-degree endangering, count ten; four years on the third-degree sexual assault, count three; and one year each on the fourth-degree criminal sexual contact, counts six and nine. Defendant's convictions were affirmed on direct A-4041-18 2 appeal; the only issue he raised was ineffective assistance of counsel, and it was reserved for PCR. State v. C.A.M., No. A-2938-15 (App. Div. May 15, 2018) (slip op. at 7). Now on appeal, defendant raises the following: POINT I THIS COURT SHOULD REVERSE THE TRIAL COURT'S DECISION TO DENY DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE [TRIAL COUNSEL] DID NOT PREPARE ADEQUATELY FOR TRIAL. POINT II THIS COURT SHOULD REVERSE THE TRIAL COURT'S DECISION TO DENY DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE [THAT TRIAL COUNSEL] DID NOT PREPARE SUFFICIENTLY TO OPPOSE THE STATE'S MOTION TO ADMIT FRESH COMPLAINT EVIDENCE. POINT III THIS COURT SHOULD REVERSE THE TRIAL COURT'S DECISION TO DENY DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF WITHOUT AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED …
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