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STATE v. BLAINE

221 N.J. Super. 66 (1987)

533 A.2d 980

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT L. BLAINE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Susan Green, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Jeanne M. Andersen, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).

Before Judges PRESSLER, BILDER and SKILLMAN.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

Following a bench trial, defendant Robert Blaine was convicted of the fourth degree offense of possession of a weapon under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5(d). He contends on appeal that the trial judge erred in denying his motion for acquittal at the close of the State's case. We agree and accordingly reverse.

The State's sole witness was East Orange...

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