STATE v. VICKERY


275 N.J. Super. 648 (1994)

646 A.2d 1159

STATE OF NEW JERSEY, PLAINTIFF, v. FRED L. VICKERY, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided January 7, 1994.


Attorney(s) appearing for the Case

Robert H. Corbin, First Assistant, Middlesex County Prosecutor, for plaintiff.

Norman M. Hobbie, and Brian D. Gillet, for defendant.


HOFFMAN, J.S.C.

This case presents the novel question of whether a member of the Society for the Prevention of Cruelty to Animals (S.P.C.A. or Society) is a "public servant" for the purposes of the Official Misconduct statute, N.J.S.A. 2C:30-2. The issue is one of first impression in this state, and research has not revealed a case on point in any other jurisdiction.

The facts as alleged in the grand jury presentation are uncomplicated. The defendant...

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