STATE v. EVANS


774 A.2d 539 (2001)

340 N.J. Super. 244

STATE of New jersey, Plaintiff-Appellant, v. Barbara EVANS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2001.


Attorney(s) appearing for the Case

William H. Schmidt, Bergen County Prosecutor, for appellant, (David V. Calviello, Assistant Prosecutor, of counsel and on the brief).

No brief was filed on behalf of respondent.

Before Judges PETRELLA, NEWMAN and WELLS.


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

The Bergen County Prosecutor's Office appeals the dismissal by the Law Division, on defendant Barbara Evans' motion, of a shoplifting summons as de minimis pursuant to N.J.S.A. 2C:2-11b.

On appeal, the State contends that the judge erred in considering certain of defendant's statements for their truth and as evidence of innocence, and by deeming certain facts relevant and others irrelevant...

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