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STATE v. BROWN

239 N.J. Super. 635 (1990)

571 A.2d 1367

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CECIL LAMARR BROWN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1990.

Attorney(s) appearing for the Case

Clifford N. Kuhn, Jr., argued the cause for appellant (Rubin, Rubin, Malgran & Kuhn, attorneys; Clifford N. Kuhn, Jr. and Leslie Stolbof Sinemus, on the brief).

Janet Flanagan, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Janet Flanagan, of counsel and on the brief).

Before Judges SHEBELL, BAIME and KEEFE.

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

Defendant Cecil Lamarr Brown appeals from his jury conviction for escape (N.J.S.A. 2C:29-5), a crime of the third degree. He was sentenced to two years probation with a $30 Violent Crimes Compensation Board penalty.

In this appeal defendant argues that his "motion for a judgment notwithstanding the verdict should have been granted as the elements of escape under N.J.S.A. 2C:29-5 were not...

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