State v. Tirone

.The opinion of the Court was delivered by

Collestek, P. J. A. D.,

Temporarily Assigned. Defendant was indicted for assault with intent to commit rape in violation of N. J. S. A. 2A:90-2 and rape in violation of N. J. S. A. 2A:138-1. He was found guilty by a jury of rape and sentenced to a prison term of 10-15 years. On ap peal, the Appellate Division reversed the judgment of conviction in an opinion reported at 124 N. J. Super. 530 (1973). This Court granted the State’s petition for certification. 63 N. J. 584 (1973).

According to the State’s testimony Linda Sanzari first met the defendant at…