STATE v. GRAHAM


284 N.J. Super. 413 (1995)

665 A.2d 769

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KEVIN GRAHAM, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1995.


Attorney(s) appearing for the Case

John Kaye, Monmouth County Prosecutor, attorney for appellant (Mark P. Stalford, Assistant Prosecutor, of counsel and on the brief).

Susan L. Reisner, Public Defender, attorney for respondent (M. Virginia Barta, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges PETRELLA, SKILLMAN and PAUL G. LEVY.


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

This appeal from the dismissal of an indictment based on insufficiency of evidence requires us to decide what conduct may constitute "absconding from parole" by "go[ing] into hiding," in violation of N.J.S.A. 2C:29-5(b).

The Legislature amended the Code of Criminal Justice in 1991 by creating a new offense, entitled "absconding from parole." L. 1991, c. 34, § 1. The section...

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