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STATE v. HUPKA

A-36 September Term 2009

1 A.3d 640 (2010)

203 N.J. 222

STATE of New Jersey, Plaintiff-Appellant, v. Jeremiah HUPKA, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 3, 2010.

Attorney(s) appearing for the Case

Bennett A. Barlyn, Assistant Prosecutor, argued the cause for appellant (J. Patrick Barnes, Hunterdon County Prosecutor, attorney).

Darren M. Gelber argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Gelber and Ellen Torregrossa-O'Connor, Woodbridge, on the brief).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Lawrence S. Lustberg, Newark, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, attorneys; Mr. Lustberg and Ellen P. Lubensky, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

In this matter we are called on to review the Appellate Division's reversal of a May 2, 2008, trial court order that disqualified defendant Jeremiah Hupka "from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions, pursuant to N.J.S.A. 2C:51-2d."1 A majority of the Appellate Division panel agreed with...

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