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STATE v. ALLEN

756 A.2d 1087 (2000)

334 N.J. Super. 133

STATE of New Jersey, Plaintiff, v. David ALLEN, Jr., Brandon Cruz, Jennifer Dowell, Jessica Fry, Christal Lavary, William MacKay, Marni Solomon, Daniel Vistad, Defendants.

Superior Court of New Jersey, Law Division (Criminal), Monmouth County.

Decided March 16, 2000.

Attorney(s) appearing for the Case

Jacquelynn Seely, Asst. Prosecutor for the State (John Kaye, Prosecutor).

Seymour Gelzer, Esq., Cranbury, for Defendant, David Allen, Jr.

Robert Eisler, Esq., Deal, for Defendant, Brandon Cruz.

Paul Edinger, Esq., West Long Branch, for Defendant, Jennifer Dowell.

L. Gilbert Farr, Esq., Manahawkin, for Defendant, Jessica Fry.

Jerome Kineavy, Esq., Shrewsbury, for Defendant, Christal Lavary.

Michael J. Pappa, Esq., Hazlet, for Defendant, William MacKay.

Alexander DeSevo, Esq., Secaucus, for Defendant, Marni Solomon.

Alexander Her, Esq., Shrewsbury, for Defendant, Daniel Vistad.

DE STEFANO, J.S.C.

New Jersey and twenty other States include protection in their bias crime statutes for persons victimized because of handicap or physical disability. These statutes usually call for enhanced punishment. A case of first impression in this state, and the nation, this court holds that the word "handicap" is not unconstitutionally vague both as applied or facially.

The Monmouth County Grand Jury indicted the defendants for kidnaping 2C:13-1...

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