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State v. Sawicky

Decided: November 27, 1978.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MAX BEN SAWICKY, DEFENDANT-APPELLANT



On appeal from the Essex County Court whose opinion is reported sub nom. State v. Chaitkin, 135 N.J. Super. 179 (1975).

Lora, Michels and Larner.

Per Curiam

[164 NJSuper Page 95] Following a lengthy jury trial defendant was convicted of assault and battery on a police officer acting in the performance of his duties (N.J.S.A. 2A:90-4) and of possession of a dangerous weapon, to wit, "nunchaka sticks,"*fn1 with intent to use them unlawfully against another (N.J.S.A. 2A:151-56). Defendant's motion for a judgment of acquittal notwithstanding the verdict was denied, and he was sentenced to the Essex County Correctional Center for a term of nine months for assault and

battery upon a police officer and to a concurrent 18-month term for possession of the nunchaka sticks. The 18-month term, however, was suspended and defendant was fined $250.

According to the State's proofs, defendant struck Police Officer Frederick Robson with nunchaka sticks, breaking his wrist. Officer Robson, who was assigned to the Tactical Squad of the Newark Police Department, was assaulted by defendant while he, Robson, was attempting to handcuff another person involved in a disturbance which erupted in the council chambers in the Newark City Hall.

Defendant appeals, seeking a reversal of his convictions and, alternatively, a modification of his sentences on the following grounds set forth in his brief:

Point I THE TRIAL COURT ERRED IN REFUSING TO

ORDER THE STATE TO REQUEST FEDERAL AU-

THORITIES TO AFFIRM OR DENY WHETHER DE-

FENDANT HAD BEEN SUBJECT TO WIRETAPS

ON ELECTRONIC SURVEILLANCE OR, IN THE

ALTERNATIVE, TO ORDER THE ...


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