STATE v. GERO

No. 2004-331.

152 N.H. 379 (2005)

THE STATE OF NEW HAMPSHIRE v. ALFRED J. GERO.

Supreme Court of New Hampshire.

Opinion Issued: June 23, 2005.


Attorney(s) appearing for the Case

Kelly A. Ayotte, attorney general (Stephen G. LaBonte, attorney, on the brief and orally), for the State.

Sheldon, Davis & Wells, P.C., of Keene (James Romeyn Davis on the brief and orally), for the defendant.


BRODERICK, C.J.

The defendant, Alfred J. Gero, pled guilty to one charge of criminal threatening, see RSA 631:4 (Supp. 2004). On appeal, he argues that the Superior Court (Sullivan, J.) erred in granting the State's post-plea motion to destroy seized property. We vacate in part and remand.

The following facts are not in dispute. The defendant, who was a police officer at the time, was arrested for allegedly threatening his former girlfriend....

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