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State v. Burten

New Jersey Superior Court, Appellate Division


Decided: January 20, 1987.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
MARVIN F. BURTEN, RICHARD A. BURTEN AND HOWARD L. KASKEL, DEFENDANTS-RESPONDENTS

Morton I. Greenberg, J. H. Coleman and R. S. Cohen.

Per Curiam

[219 NJSuper Page 157]

Following our remand of these proceedings reported at 207 N.J. Super. 53 (App.Div.1986), the matter came on before Judge Wertheimer who decided the matter in a comprehensive written opinion dated June 20, 1986, 219 N.J. Super. 339. In his opinion he concluded that the prosecution was barred by federal preemption. Consequently, on July 7, 1986 he entered an order dismissing the complaints. We are in full agreement with Judge Wertheimer and affirm his order substantially for the reasons set forth in his written opinion.

In reaching our result we recognize that we undercut our dictum in Trustees of Local 478 Pension Fund v. Pirozzi, 198 N.J. Super. 318, 320 (App.Div.1984), that a victim of an offense under N.J.S.A. 2A:170-90.2 may be able to obtain monetary relief by way of restitution as an incident of the disposition of a disorderly persons offense conviction. In this regard, we note that in the Pirozzi case the court did not pass on the preemption question as it appears not to have been raised by the defendants there.

Affirmed.

19870120


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