State of New Jersey, Plaintiff-Appellant v. David Smullen, Defendant-Respondent

Summary

The Supreme Court of New Jersey held that the defendant’s affirmative admission that he touched a child for sexual pleasure satisfied the factual basis requirement for a guilty plea to second-degree criminal sexual contact, and that the trial court properly exercised its discretion in refusing to set aside the plea. Accordingly, the Court reversed the Appellate Division’s vacatur and reinstated the trial court’s judgment and five‑year sentence.