On appeal from the Superior Court of New Jersey, Law Division, Bergen County.
Michels, Bilder and Baime. The opinion of the court was delivered by Bilder, J.A.D.
Following a jury trial defendant was found guilty of official misconduct, N.J.S.A. 2C:30-2a, unlawful possession of a handgun, N.J.S.A. 2C:39-5b, and possession of a knife for an unlawful purpose, N.J.S.A. 2C:39-5d. In the same trial, drug charges were dismissed and the jury acquitted him of charges of armed robbery, kidnapping, terroristic threats, aggravated assault, and possession of a handgun for an unlawful purpose. He was sentenced to a custodial term of seven years for official misconduct, a concurrent term of five years for unlawful possession of a handgun, and a concurrent term of eighteen months for possession of a knife for an unlawful purpose.
In his brief on appeal, defendant makes the following contentions:
THE CONVICTION FOR OFFICIAL MISCONDUCT MUST BE OVERTURNED FOR LACK OF EVIDENCE AND BECAUSE NOT GUILTY VERDICTS WERE RENDERED FOR THE UNDERLYING OFFENSES.
A. The conviction for official misconduct must be overturned for lack of evidence.
B. The conviction for official misconduct must be overturned because not guilty verdicts were rendered for the underlying offenses.
THE CONVICTION FOR POSSESSION OF A KNIFE FOR UNLAWFUL PURPOSES MUST BE OVERTURNED FOR LACK OF EVIDENCE.
The Twelfth Count of Bergen County Indictment 51115-90, in pertinent part, charged that on January 9, 1989 defendant
did commit an act of official misconduct while a public servant by committing an act of armed robbery and/or kidnapping and/or terroristic threats and/or aggravated assault, said act relating to his position as a State Trooper with the New Jersey State Police, but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing ...