STATE v. DAVIS


244 N.J. Super. 180 (1990)

581 A.2d 1333

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT DAVIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1990.


Attorney(s) appearing for the Case

Dennis T. Kearney argued the cause for appellant (Pitney, Hardin, Kipp & Szuch, attorneys; Dennis T. Kearney and Martin J. Tuohy, on the brief; J. Michael Nolan, Jr., Martin J. Tuohy, and Amy J. Wolin, on the reply brief).

Robin R. Parker, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Steven E. Lessick, of counsel and on the brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.


The opinion of the court is delivered by SHEBELL, J.A.D.

Defendant, Robert Davis, appeals the denial of his application for Pretrial Intervention (PTI), the denial of his motions seeking dismissal of the charge of a violation of N.J.S.A. 2C:17-6b on the grounds that the statute is unconstitutional, his jury convictions, and the denial of his several motions for a new trial.

On August 11, 1986, a State...

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