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STATE v. BRYANT

257 N.J. Super. 63 (1992)

607 A.2d 1343

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LILLIAN BRYANT, DEFENDANT, AND HAROLD MOSEE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Michael Bozza, Assistant Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Michael Bozza, of counsel; David Brody, Deputy Attorney General, on the letter brief).

Michael L. Testa argued the cause for respondent (Basile, Testa & Testa, attorneys; Michael L. Testa, of counsel; Philip S. Burnham, II, on the brief).

Before Judges PRESSLER, SHEBELL and D'ANNUNZIO.

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

Pursuant to leave granted, the State appeals from the third decretal paragraph of a November 18, 1991 order dismissing counts two and nine of Atlantic County Indictment 89-12-3516 (State Grand Jury Indictment 233-89-3(2)) as to defendant Harold Mosee. The issue is whether a person who is not a public servant may, nevertheless, be guilty of the crime of official...

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