On appeal from the Superior Court of New Jersey, Law Division, Essex County, Municipal Appeal No. 2006-070.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Grall and Gilroy.
Following a trial de novo in the Law Division, defendant was convicted of shoplifting, N.J.S.A. 2C:20-11b(2). Defendant appeals; we affirm the conviction, but remand to the Law Division for re-sentencing.
On appeal, defendant argues:
THE SUPERIOR COURT FAILED TO PROPERLY SUPPLEMENT THE TRIAL COURT RECORD AND THEREBY DID NOT CONSIDER IMPORTANT EXCULPATORY EVIDENCE.
THE TRIAL COURT FAILED TO CONSIDER EVIDENCE WHICH REBUTTED STATUTORY PRESUMPTION AGAINST DEFENDANT.
THE JUDGMENT OF CONVICTION OF THE DEFENDANT IS AGAINST THE WEIGHT OF EVIDENCE AND SUSTAINING THE SAME WOULD BE A MISCARRIAGE OF JUSTICE.
On November 22, 2003, Macy's department store Detective Brooklyn Oliver charged defendant with shoplifting clothes and other items of personalty from Macy's Millburn store, after observing defendant and two other accomplices attempt to leave the store without paying for the items. Specifically, Oliver observed the three individuals remove price tickets and security sensors from the clothing before placing the merchandise in either defendant's purse or a shopping bag that defendant held open to allow the merchandise to be hidden. On stopping defendant and her cohorts outside of the store's entranceway, Oliver found store merchandise in defendant's purse and in the shopping bag she carried.
On that day, after defendant identified herself as Natasha Charles, she was charged with the indictable offense of shoplifting and released. The Essex County Prosecutor downgraded the charge to a disorderly persons offense. However, defendant failed to appear for trial in the municipal court. On March 28, 2006, after defendant was apprehended, she was charged by the Millburn Township Police ...