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State v. Konopka

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 17, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAN KONOPKA, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 09-028.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 15, 2010

Before Judges Fisher and Reisner.

Defendant was convicted in municipal court of violating a city ordinance due to the barking of his dog. The municipal judge imposed a $108 fine and court costs.

Defendant appealed to the Law Division. There, Judge Ronald Lee Reisner*fn1 conducted de novo review, thoroughly canvassing the evidence and the arguments urged by defendant, including his contention that the summons did not clearly cite the ordinance in question and otherwise failed to give adequate notice of the charge because the police officer wrote "dod" instead of "dog" on the summons. In a comprehensive oral decision, Judge Reisner rejected these arguments, found from the evidence that defendant violated the ordinance in question, and imposed the same monetary penalty imposed by the municipal judge.

Defendant appealed to this court reprising the same arguments he urged in the Law Division. We affirm substantially for the reasons set forth by Judge Reisner in his thorough oral decision.

Affirmed.


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