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STATE v. PASERCHIA

813 A.2d 556 (2003)

356 N.J. Super. 461

STATE of New Jersey (TOWNSHIP OF WEST ORANGE), Plaintiff-Respondent, v. Carl A. PASERCHIA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 2003.

Attorney(s) appearing for the Case

The Cozzarelli Law Firm, attorneys for appellant (Jill Anne LaZare, on the brief).

Rabinowitz, Trenk, Lubetkin & Tully, attorneys for respondent (Richard D. Trenk and Joni H. Noble, of counsel and on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

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

Following a trial de novo in the Law-Division, defendant Carl Paserchia was convicted of violating a municipal ordinance banning disorderly conduct. Defendant was fined $500 plus $30 court costs. The fine has been stayed pending appeal. In this appeal, we must determine whether the municipal ordinance is preempted by N.J.S.A. 2C:33-2. We hold that it is and reverse the conviction founded on the municipal...

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