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STATE v. POMIANEK

NO. A-2694-10T4.

58 A.3d 1205 (2013)

429 N.J. Super. 339

STATE of New Jersey, Plaintiff-Respondent, v. David T. POMIANEK, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 2013.

Attorney(s) appearing for the Case

F. Michael Daily, Jr. , Westmont, attorney for appellant.

Jeffrey S. Chiesa , Attorney General, attorney for respondent ( Mary E. McAnally , Deputy Attorney General, of counsel and on the brief).

Seth Grossman & Robert Loefflad, Somers Point, attorneys for amicus curiae The Rutherford Institute ( Seth Grossman , on the brief).

Before Judges REISNER, HARRIS and HOFFMAN.

The opinion of the court was delivered by

REISNER, P.J.A.D.

In connection with an incident in which an African-American co-worker was locked in an equipment cage and taunted, defendant David Pomianek, a public employee, was convicted by a jury of harassment by communication, N.J.S.A. 2C:33-4a, and harassment by alarming conduct, N.J.S.A. 2C:33-4c. Based on those two predicate offenses, the jury convicted defendant of bias intimidation pursuant...

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