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STATE v. PHELPS

96 N.J. 500 (1984)

476 A.2d 1199

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN PHELPS, A/K/A J.P., A/K/A JOHNNY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 25, 1984.

Attorney(s) appearing for the Case

Salem Vincent Ahto argued the cause for appellant (Taigman and Ahto, attorneys; Salem Vincent Ahto and Joseph Mezzaca, Jr., on the briefs).

Arlene R. Weiss, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

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

Defendant, John Phelps, a police officer, was acquitted of unlawfully conspiring with three individuals named DeMarco, Gerrizzo, and Hirtler to promote gambling and to maintain a gambling resort in violation of N.J.S.A. 2C:37-2, N.J.S.A. 2C:37-4, and N.J.S.A. 2C:5-2. During the trial, the court dismissed a charge of conspiracy to commit official misconduct...

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