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State v. Han

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 1, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SOYOUNG HAN, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, BMA 003-08-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 23, 2007

Before Judges Winkelstein and LeWinn.

Following a trial de novo in the Law Division, defendant appeals from an October 6, 2006 order finding her guilty of simple assault, fighting, a petty disorderly persons offense, a violation of N.J.S.A. 2C:12-1a. The court imposed a $200 fine and appropriate court costs and assessments. On appeal, defendant raises the following arguments:

I THE MUNICIPAL COURT ERRED AS A MATTER OF LAW IN HOLDING THAT SPITTING WAS NOT A VIOLATION OF ANY LAW.

II THE MUNICIPAL COURT ERROR IN FAILING TO FIND CHANG GUILTY OF SIMPLE ASSAULT WARRANTS VACATUR OF HAN'S CONVICTION.

III THE MUNICIPAL COURT ERRED IN FAILING TO FIND THAT HAN ENGAGED IN SELF-DEFENSE.

IV APPEARANCE OF IMPROPRIETY REQUIRES REVERSAL.

V THE DELAY CAUSED BY THE EVENTS UNDERLYING THE FIRST APPEAL WARRANT VACATUR OF CONVICTION.

We have carefully considered defendant's arguments in light of the record and the prevailing law. We find her arguments to be without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons expressed by Judge Gaeta in his comprehensive, well- reasoned written opinion of September 27, 2006.

Affirmed.

20071101

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