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STATE v. BADR

No. A-1975-08T4.

2 A.3d 436 (2010)

415 N.J. Super. 455

STATE of New Jersey, Plaintiff-Respondent, v. Ahmed BADR, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2010.

Attorney(s) appearing for the Case

John DeNoia, Woodbridge, argued the cause for appellant.

Simon Louis Rosenbach, Assistant Middlesex County Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Mr. Rosenbach, of counsel and on the brief).

Susan J. Dougherty, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Health and Senior Services (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Ms. Dougherty, on the brief).

Before Judges FISHER, SAPP-PETERSON and ESPINOSA.

The opinion of the court was delivered by

ESPINOSA, J.S.C. (temporarily assigned).

Defendant owns a coffee shop and hookah bar, "Sugar Nights," in Woodbridge. It is undisputed that his patrons smoke substances made of herbs and fruit, and not tobacco, in the hookahs. He appeals from his convictions arising from four summonses that charged him with violations of the New Jersey Smoke-Free Air Act (the Act), N.J.S.A. 26:3D-55 to -64, arguing that the definition...

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