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STATE v. GERSTMANN

198 N.J. Super. 175 (1985)

486 A.2d 912

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ERIC GERSTMANN AND JOSEPH CHUMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1985.

Attorney(s) appearing for the Case

Andrew P. Napolitano, Special Assistant Prosecutor, argued the cause for appellant (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys; Andrew P. Napolitano, of counsel; Kevin P. Cooke, on the brief).

Frank Askin argued the cause for respondents (Deborah Karpatkin, of counsel; Frank Askin, on the brief).

Before Judges PRESSLER, BRODY and HAVEY.

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

The State appeals from defendants' acquittal by the Superior Court, Law Division, on a trial de novo of charges of defiant trespass in violation of N.J.S.A. 2C:18-3. We have concluded that the State's prosecution of this appeal is barred by the double jeopardy interdiction of the Fifth Amendment of the Federal Constitution, and accordingly, we dismiss.

Defendant Eric Gerstmann was an...

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