State v. MacAlpin

On April 7, 1986, defendant pled guilty to Count I of an accusation charging him with sexual assault, N.J.S.A. 2C:14-2b, in exchange for a recommendation which included dismissal of Count II charging aggravated sexual assault, N.J.S.A. 2C:14-2a. According to the prosecutor, the plea recommendation was as follows:

The terms of the plea agreement, the Defendant agrees to retract this not guilty plea and plead guilty to Count One of the Accusation for which he is to be sentenced as a crime of the third degree.

After sentencing, the State will move to dismiss Count Two of the Accusation.

The State’s…