STATE v. SENNO


79 N.J. 216 (1979)

398 A.2d 873

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SIMONE SENNO, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RALPH L. KENNY, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN BUONURA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 27, 1979.


Attorney(s) appearing for the Case

Mr. Alan Silber argued the cause for appellants Senno and Kenny and for amicus curiae American Civil Liberties Union (Mr. Bert Binder, attorney for defendant Senno; Mr. Alan Silber, attorney for defendant Kenny and amicus curiae in State v. Senno).

Mr. G. Robert Wills argued the cause for appellant Buonura (Messrs. Strauss, Wills and Baxendale, attorneys).

Mr. Gary H. Schlyen, Assistant Prosecutor, argued the cause for respondent in State v. Senno (Mr. Burrell Ives Humphreys, Prosecutor, attorney).

Mr. Paul A. Massaro, Assistant Prosecutor, argued the cause for respondent in State v. Kenny (Mr. John H. Stamler, Prosecutor, attorney; Mr. Massaro and Ms. Susan M. Scarola, Assistant Prosecutors, on the brief).

Mr. Lewis N. White, III, Assistant Prosecutor, argued the cause for respondent in State v. Buonura (Mr. Richard S. Rebeck, Prosecutor, attorney).

Mr. Alan Dexter Bowman, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State v. Senno and State v. Buonura (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Bowman and Ms. Janice S. Mironov, Deputy Attorneys General of counsel and on the briefs; Mr. David S. Baime, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by MOUNTAIN, J.

The defendants in each of these three cases stand charged with the commission of a nonindictable offense. Defendant Senno was accused of shoplifting in violation of N.J.S.A. 2A:170-97. A person convicted of this offense is a disorderly person. N.J.S.A. 2A:170-98. Defendant Kenny was accused of three offenses: unlawful taking, receiving and possessing stolen...

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