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STATE v. DOWNEY

242 N.J. Super. 367 (1988)

576 A.2d 945

STATE OF NEW JERSEY, PLAINTIFF, v. MORTON DOWNEY, JR., DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided February 16, 1988.

Attorney(s) appearing for the Case

James D. Orlando, Secaucus Municipal Prosecutor for the State of New Jersey, appearing for plaintiff.

Cathy Fleming, appearing for defendant.

HUMPHREYS, A.J.S.C.

This case involves the novel question of whether a physical assault should be considered de minimus and therefore subject to dismissal under the New Jersey de minimus statute N.J.S.A. 2C:2-11.1 The defendant is the host of the "Morton Downey, Jr. Show" shown weekday evenings on Channel 9, in Secaucus, New Jersey. During the taping of a show the defendant struck a guest in the face. The guest filed...

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