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State v. Russo

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


September 17, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DANIEL RUSSO, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Union County, Indictment Nos. 05-01-0018 and 05-01-0019.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 4, 2010

Before Judges Skillman and Fuentes.

Defendant Daniel Russo pled guilty to nine counts of the fourth degree offense of operating a sexually oriented business within 1000 feet of a recreational or residential area in violation of N.J.S.A. 2C:34-7. The court sentenced him to a one-year term of probation for each count and imposed the mandatory fines and penalties.

In pleading guilty, defendant reserved the right to appeal the constitutionality of N.J.S.A. 2C:34-7 as applied to his place of business, pursuant to Township of Saddle Brook v. A.B. Family Center, Inc., 156 N.J. 587 (1999). Defendant now raises the following argument:

POINT I

THE COURT SHOULD DISMISS THE CRIMINAL CHARGES HEREIN BECAUSE THE PROOFS IN THE RELATED CIVIL MATTER WERE NOT SUFFICIENT TO SUSTAIN THE CONSTITUTIONALITY OF THE APPLICATION OF THOSE CHARGES IN VIOLATION OF N.J.S.A. 2C:34-7.

In the companion case on appeal of D. Russo, Inc. v. Romankow, No. A-0633-08 (App. Div. Sept. 17, 2010), which we decide simultaneously with this appeal, we reversed the order of the Law Division upholding the statute's constitutionality as applied to defendant's sexually oriented business and remanded for the court to conduct the analysis required under Saddle Brook.

Accordingly, we vacate defendant's conviction and stay the prosecution of these criminal charges pending the outcome of the Law Division's decision pursuant to our remand order.

Reversed and remanded.

20100917

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