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STATE v. CETNAR

775 A.2d 198 (2001)

STATE of New Jersey, Plaintiffs-Appellants, v. Thomas CETNAR III, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2001.

Attorney(s) appearing for the Case

Paul G. Shapiro, Trenton, argued the cause for appellant (John J. Farmer, Jr., Attorney General, attorney; Mr. Shapiro and William Porter, Deputy Attorneys General, of counsel and on the brief).

Matthew T. Martens argued the cause for respondent (Latham & Watkins, attorneys; Mr. Martens and Michael Chertoff, Newark, of counsel and on the brief).

Before Judges PETRELLA, BRAITHWAITE and WELLS.

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

This is an appeal by the State from a judgment notwithstanding the verdict that reduced defendant's jury conviction for second-degree official misconduct, N.J.S.A. 2C:30-2, to third-degree official misconduct. Following the jury's verdict of guilty to a charge of second-degree official misconduct, defendant moved for a judgment notwithstanding the verdict, arguing that the value of the "benefit"...

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