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STATE v. CANNARELLA

868 A.2d 1141 (2005)

376 N.J. Super. 16

STATE of New Jersey, Plaintiff-Respondent, v. Justin B. CANNARELLA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Susan Green, Acting Deputy Public Defender II, of counsel and on the brief).

Wayne J. Forrest, Somerset County Prosecutor, attorney for respondent (James L. McConnell, Assistant Prosecutor, of counsel and on the brief).

Before Judges STERN, COBURN and WECKER.

The opinion of the court was delivered by

COBURN, J.A.D.

The issue presented is whether simple assault is elevated by the Code of Criminal Justice to aggravated assault when the victim is employed at a private school. Our answer is no. Although the statute is somewhat ambiguous, its history and structure demonstrate that the Legislature had no intention of extending to private school employees the enhanced protection it provided for public school employees...

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