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State v. McLeod

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 4, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN MCLEOD, III, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, 0088-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 25, 2007

Before Judges Skillman and Winkelstein.

Following a bench trial on November 29, 2005, defendant was convicted in municipal court of trespass, N.J.S.A. 2C:18-3b, and disorderly conduct, N.J.S.A. 2C:33-2a(1). The court imposed a $106 fine on each offense, as well as appropriate court costs and assessments. Defendant appealed to the Superior Court, and, on March 27, 2006, following a trial de novo in the Law Division, Judge Neustadter acquitted defendant of the disorderly conduct charge and found him guilty of trespass. The court imposed a $106 fine and appropriate court costs and assessments. On appeal from that conviction, defendant's primary argument is that he did not have notice that he was on private property and consequently should not have been convicted of trespass.

We have carefully considered defendant's arguments and find them to be without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). The Law Division judge's findings were supported by credible evidence in the record. State v. Locurto, 157 N.J. 463, 470-71 (1999). Consequently, we affirm substantially for the reasons expressed by Judge Neustadter in his oral decision on March 27, 2006.

Affirmed.

20071004

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