State v. Bogan, A-7 September Term 2008; Supreme Court; opinion by Albin, J.; decided July 7, 2009. On certification to the Appellate Division. [Sat below: Judges Graves, Sabatino and Alvarez in the Appellate Division.] DDS No. 14-1-4441 [32 pp.]
Under the pretext of offering a 14-year-old female student a car ride to school, defendant Anthony Bogan instead took her to an apartment, where he sexually molested her. That same morning, the student reported the crime to the police and gave a description of defendant and the precise location of the apartment, and stated that a young boy named Wally was in the apartment when the incident occurred. When the police, accompanied by the victim, proceeded to the apartment, a nervous, young boy in pajamas opened the door and gave inconsistent responses to simple questions such as whether he was home alone. When the boy answered the telephone inside the apartment, he handed the receiver to one of the officers to speak with his parent. The officer, who stepped inside the apartment to take the call, then saw defendant — who fit the description of the alleged molester — lying on a bunk bed. On-site officers entered the apartment and arrested defendant, who afterward made incriminating statements.
