RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-1591-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. P.J.M., Defendant-Appellant. __________________________ Argued March 20, 2019 – Decided January 22, 2020 Before Judges Fuentes, Accurso and Moynihan. On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, Indictment No. 16-01- 0064. Joseph J. Russo, Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Stephen W. Kirsch, Assistant Deputy Public Defender, of counsel and on the brief). Evgeniya Sitnikova, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Evgeniya Sitnikova, of counsel and on the brief). The opinion of the court was delivered by FUENTES, P.J.A.D. A Cumberland County grand jury returned an indictment against defendant P.J.M. charging him with first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(1), and second degree endangering the welfare of a child, N.J.S.A. 2C:24-4a(1). Defendant is the paternal uncle of A.J.C. (Amelia)1, the victim of these crimes. According to Amelia, defendant sexually assaulted her between November 6, 2006 and November 5, 2009, when she was between six and eight years old. The indictment also contained three additional counts charging defendant with second degree sexual assault, N.J.S.A. 2C:14-2b; first degree aggravated sexual assault N.J.S.A. 2C:14-2a(1); and second degree endangering the welfare of a child, 2C:24-4a(1). The victim of these crimes, J.C., claimed defendant sexually assaulted her in the City of Bridgeton between June 17, 2007 and June 16, 2008 when she was between eight and nine years old. The allegations made by these two children were considered two separate incidents. The State decided to try the charges involving Amelia's allegations 1 Pursuant to Rule 1:38-3(c)(9), we use pseudonyms or initials to protect the privacy of the children and members of their family who have the same last name. A-1591-17T1 2 first. A petit jury convicted defendant of first degree aggravated sexual assault and third degree endangering the welfare of a child, as a lesser included offense of second degree endangering the welfare of a child. 2 The trial court thereafter granted the State's motion to dismiss the three charges involving J.C., which were reflected in counts three, four, and five of the indictment. At the sentencing hearing, the trial court merged the third degree endangering the welfare of a child conviction with the first degree aggravated sexual assault and sentenced defendant to a term of sixteen years, with an eighty- five percent period of parole ineligibility and five years of parole supervision as required by the No Early Release Act (NERA), N.J.S.A. 2C:43-7.1. 2 N.J.S.A. 2C:24-4(a)(1) provides: Any person having a legal duty for the care of a child or who has assumed responsibility for the ...
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