The judgment of the Appellate Division is affirmed substantially for the
reasons expressed in Judge Rose’s opinion. The Court adds oneadditional point.
Defendant did not challenge the three-year delay between the child’s
interview and the return of the original indictment. The Court has no
way to assess the reason for the delay and does not suggest that the
delay violated defendant’s rights. A lengthy delay in a future case,
however, might prompt a legal challenge. As a result, it is incumbent
on the State to act expeditiously as it investigates and prosecutes
matters that rely heavily on a young child’s ability to recall events
