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State v. Mazzei

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 8, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DIANE MAZZEI, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Municipal Appeal No. 58-11-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 29, 2007

Before Judges S.L. Reisner and C.L. Miniman.

Defendant, Diane Mazzei, appeals from her conviction in the Law Division for criminal trespass, in violation of N.J.S.A. 2C:18-3b(2). We affirm.

Defendant was convicted in municipal court of trespassing on the premises of a private beach club at Lake Lackawanna.

Defendant admitted that she previously had belonged to the club but had not been a member for the past several years. Testimony in the municipal court established that the property was posted with signs indicating that it was private property, and that defendant was aware that it was private property. Two witnesses, including the president of the beach club, testified that they observed defendant's daughter swimming in the lake and observed defendant on the beach, and later on an adjacent private walkway, watching her daughter swimming. The municipal judge found that defendant was trespassing. The Law Division judge reached the same conclusion.

Having reviewed the entire record, we conclude that the Law Division judge's determination is supported by substantial credible evidence. R. 2:11-3(e)(1)(A); State v. Locurto, 157 N.J. 463, 471 (1999). Defendant's appellate contentions are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.

20070208

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