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State v. Cabana

New Jersey Superior Court, Appellate Division


February 16, 1999

STATE OF NEW JERSEY (BARBARA HARRIS), PLAINTIFF-APPELLANT,
v.
DOUGLAS R. CABANA, DEFENDANT-RESPONDENT.

The opinion of the court was delivered by: Per Curiam

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 2, l999

Before Judges Long and Carchman.

On appeal from Superior Court of New Jersey, Law Division, Morris County, whose opinion is reported at 315 N.J. Super. 84 (Law Div. l997).

On May 3l, l997, Barbara Harris and Douglas Cabana had a confrontation at a Republican Party gathering. Harris claims that during the exchange she was struck by Cabana's knuckle. She filed a complaint against Cabana who moved for dismissal under the de minimis provision of N.J.S.A. 2C:2-ll. Judge Bozonelis dismissed the complaint; Harris appeals contending that the matter is not de minimis.

We have carefully reviewed this record in light of Harris' contentions and have concluded that our intervention is unwarranted. We affirm for the reasons expressed by Judge Bozonelis in his published opinion of August ll, l997.

Affirmed.

19990216


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