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STATE v. CRAWLEY

90 N.J. 241 (1982)

447 A.2d 565

STATE OF NEW JERSEY, CITY OF NEWARK, PLAINTIFF-APPELLANT, v. JAMES CRAWLEY, RANDALL BECK, CORNELL DANIELS AND ELIEZER MARTINEZ, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 14, 1982.

Attorney(s) appearing for the Case

Abilio Mendez, Assistant Corporation Counsel, argued the cause for appellant (John J. Teare, Corporation Counsel, attorney; Hugh B. Gallagher, Assistant Corporation Counsel, on the brief).

John M. Cannel, Assistant Public Defender, argued the cause for respondents (Stanley C. Van Ness, Public Defender, attorney).

Anne C. Paskow, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

The issue here is whether Newark's municipal loitering ordinance has been preempted by the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 to 98-4.

On various dates in 1979 defendants Randall Beck, Cornell Daniels, Eliezer Martinez and James Crawley were separately charged with loitering in violation of Newark Revised Ordinances § 17:2-14 (N.R.O...

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