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STATE v. VAWTER

136 N.J. 56 (1994)

642 A.2d 349

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. STEVEN D. VAWTER AND DAVID J. KEARNS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 26, 1994.

Attorney(s) appearing for the Case

Stephen M. Pascarella argued the cause for appellant David J. Kearns (Allegra, Pascarella & Nebelkopf, attorneys).

John T. Mullaney, Jr., argued the cause for appellant Steven D. Vawter.

Robert A. Honecker, Jr., Second Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Fred DeVesa, Acting Attorney General, attorney).

The opinion of the Court was delivered by CLIFFORD, J.

Defendants are charged with violations of N.J.S.A. 2C:33-10 (Section 10) and -11 (Section 11), New Jersey's so-called hate-crime statutes. They contend that the statutes are unconstitutional under the First and Fourteenth Amendments to the United States Constitution. The trial court denied defendants' motion to dismiss the indictment, and the Appellate Division granted leave to appeal. We granted defendants...

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