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STATE v. DUNCAN

870 A.2d 307 (2005)

376 N.J. Super. 253

STATE of New Jersey, Plaintiff-Respondent, v. William P. DUNCAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 14, 2005.

Attorney(s) appearing for the Case

Ronald K. Chen, argued the cause for appellant (Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorneys; Edward Barocas, American Civil Liberties Union of New Jersey Foundation, of counsel; Mr. Chen and Mr. Barocas, on the brief).

Peter J. Foy, Morris County Assistant Prosecutor, argued the cause for respondent (Michael M. Rubbinaccio, Morris County Prosecutor, attorney; Joseph P. Connor, Jr., Morris County Assistant Prosecutor, on the brief).

Before Judges NEWMAN, AXELRAD, and HOLSTON, JR.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

Defendant William Duncan appeals from a judgment of conviction following a trial de novo in the Law Division on the downgraded charge of harassment, N.J.S.A. 2C:33-4a, in connection with a call he made to 9-1-1. He had initially been charged with N.J.S.A. 2C:33-3e (the fourth-degree offense of knowingly placing a call to 9-1-1 without the purpose of reporting the...

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