May 19, 2009
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
ANDRE W. WALTERS, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Somerset County, Indictment No. 07-03-0160.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 28, 2009
Before Judges Skillman and Collester.
Defendant was found guilty by a jury of fourth-degree criminal mischief, in violation of N.J.S.A. 2C:17-3a(1). The trial court sentenced defendant to a three-year probationary term, conditioned upon defendant performing fifty hours of community service, completing alcohol and drug evaluation and treatment and anger management classes within forty-five days.
The court also ordered defendant to pay $1,332.15 to the owner of the Somervile store where defendant kicked in a side window that was the basis of his conviction for criminal mischief.
On appeal, defendant's only argument is that the trial court erred in denying his request to submit disorderly conduct to the jury as a lesser included offense of criminal mischief. Defendant's argument is clearly without merit. R. 2:11-3(e)(2); see State v. Stampone, 341 N.J. Super. 247, 254-55 (App. Div. 2001); State v. Figueroa, 237 N.J. Super. 215, 219-20 (App. Div. 1989), certif. denied, 121 N.J. 643 (1990).
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