STATE v. SCHENKOLEWSKI


301 N.J. Super. 115 (1997)

STATE OF NEW JERSEY, PLAINTIFF/APPELLANT, v. YISROEL SCHENKOLEWSKI, ABRAHAM PENZER, AND MARTIN BUCKLEY, DEFENDANTS/RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1997.


Attorney(s) appearing for the Case

Daniel J. Carluccio, Ocean County Prosecutor, argued the cause for appellant (Mr. Carluccio, attorney; William J. Heisler and Ellen M. Torregrossa, Assistant Prosecutors, and Mr. Carluccio, on the brief).

Alan L. Zegas argued the cause for respondent Schenkolewski (Edward J. Dauber and Mr. Zegas, on the joint brief filed with respondents Penzer and Buckley).

Daniel L. Grossman argued the cause for respondent Penzer (Mr. Grossman and Novins, York & Pentony, attorneys; Robert F. Novins, of counsel; Mr. Grossman, on the joint brief filed with respondents Schenkolewski and Buckley).

John J. Barry argued the cause for respondent Buckley (Barry & McMoran and Jerome A. Ballarotto, attorneys; Thomas F. Doherty, of counsel; Mr. Barry and Mr. Ballarotto, on the joint brief filed with respondents Schenkolewski and Penzer).

Before Judges LANDAU, WALLACE and KIMMELMAN.


The Opinion of the Court was delivered by WALLACE, J.A.D.

The State appeals from the dismissal of its indictment against three defendants for bribery, official misconduct, and conspiracy. The indictment alleged that defendant Martin Buckley gave a substantial sum of money to defendant Rabbi Yisroel Schenkolewski, purportedly in exchange for the latter's agreement to support a controversial cogeneration facility that Buckley's company was proposing to build in the...

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