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FLAGG v. ESSEX COUNTY PROSECUTOR

765 A.2d 278 (2001)

336 N.J. Super. 506

James FLAGG, Plaintiff-Respondent, v. ESSEX COUNTY PROSECUTOR, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2001.

Attorney(s) appearing for the Case

Donald C. Campolo, Assistant Attorney General, Acting Essex County Prosecutor,1 attorney for appellant (Barbara A. Rosenkrans, Special Deputy Attorney General/ Acting Assistant Prosecutor, of counsel and on the brief).

Beckerman & Beckerman, South Orange, for respondent (David M. Beckerman, on the brief).

Before Judges PETRELLA, NEWMAN and WELLS.

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

The Essex County Prosecutor (Prosecutor) appeals from an order exempting plaintiff James Flagg from the forfeiture of his public employment as a sanitation worker for the City of Newark for violating N.J.S.A. 13:1E-9.3(a) and (b) by illegally dumping debris, disorderly persons offenses for which Flagg was convicted. The Prosecutor declined to waive the application of N.J.S.A. 2C:51-2, which requires...

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