On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Municipal Appeal No. A-106-08.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: December 16, 2009
Before Judges Axelrad and Sapp-Peterson.
Defendant Joseph Loguidice appeals from a judgment of conviction entered in the Law Division after an appeal and trial de novo, pursuant to R. 3:23-8(a), on the record from a proceeding in the Atlantic City municipal court. Defendant was found guilty of defiant trespass, N.J.S.A. 2C:18-3b. The Law Division judge modified the municipal court sentence to bar defendant from entering the Trump Marina, rather than all three Atlantic City Trump properties, for a two-year period. We affirm.
Defendant was charged with defiant trespass on March 30, 2008, when he refused to leave the Trump Marina Casino after security staff requested that, as a prior evictee, he leave the premises. The municipal court trial took place on July l7, October l6, and November 24, 2008. The State's position was that defendant had actual notice that he was not to return to the property when he was evicted and escorted out of the casino on August 4, 2007, following a dispute on the casino floor that resulted in the Director of Slot Operations, Patricia Richter, filing a criminal complaint against defendant for terroristic threats.*fn1 According to the State, defendant had additional, actual notice that he was not to return to the Trump Marina as a result of the agreement that was entered on the return date of that charge. The January l0, 2008 Atlantic City municipal court transcript of dismissal that was stipulated into evidence provided as follows:*fn2
[MUNICIPAL PROSECUTOR]: Judge, the Loguidice case, I think we have a resolution. Mr. Zarych [defense counsel] . . . (Off the record; back on the record with colloquy missing.)
MR. ZARYCH: . . . contact with Pat Richter (phonetic) in the case. The casino has made it clear, I'll put it on the record, that they do not wish to have Mr. Loguidice on the property. And also we would stipulate the probable cause for the filing of the complaint by the State Police. So that's it.
[JUDGE BRUCE WEEKES]: Is that right, [Prosecutor]?
[PROSECUTOR]: That's correct, Your Honor. I've also spoken to Ms. Richter and she's satisfied. She's not under any pressure to make the request of the State.
THE COURT: Okay. Mr. Loguidice, that matter is dismissed.
MR. ZARYCH: Thank you, Your Honor.
THE COURT: Are you Ms. Richter?
THE COURT: Okay. You understand that this matter is being dismissed and you're not being ...