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State v. Harcher

October 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN HARCHER, A/K/A ARTHUR HARCHAR, JOHN HARCHAR, BUTCH HARCHAR, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 05-04-0585.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 14, 2010

Before Judges Parrillo and Espinosa.

As a result of his conviction in 1994 for endangering the welfare of a child, defendant was subject to Megan's Law*fn1 registration and notification requirements. He appeals from his sentence and conviction for failure to notify the police of a change in his address as required by the Registration and Community Notification Law, N.J.S.A. 2C:7-2(a) and (d). We affirm.

At the time he was released from prison in 2003, defendant provided his mother's address in Edison as the address where he would be residing. Senior Identification Officer Frank Carini of Southwoods State Prison reviewed the address verification form with defendant before his release. The form included the following:

I understand that if I move, I must notify the Edison Police Department, and the Police Department in the town where I intend to live, at least, ten days before I move. I must then re-register in my new town.

Defendant acknowledged this responsibility by signing the address verification form. He registered his address with the Edison Police Department on December 22, 2003. However, as defendant's mother advised the police, he was actually homeless, living in the woods near her apartment, although he frequently came to her house. The police were able to serve defendant with his tier classification paperwork by coming to her apartment on a date when she said he was expected. When the police attempted to contact defendant on a later occasion by calling his mother, they discovered that the phone was disconnected and she had moved. Defendant had not provided any notice to the police of a change of address.

Defendant was convicted of failure to notify the police of a change in his address as required by the Registration and Community Notification Law, N.J.S.A. 2C:7-2(a) and (d),*fn2 a fourth degree offense. The court denied his motion for a new trial and sentenced defendant to a term of fifteen months with jail credit for three hundred forty-eight days and appropriate fines and penalties.

In this appeal, defendant presents the following issues:

POINT I THE TRIAL COURT ERRED WHEN IT DENIED THE DEFENDANT'S MOTION FOR A JUDGMENT OF ACQUITTAL. IN THE ALTERNATIVE, THE TRIAL COURT ERRED WHEN IT DENIED THE DEFENDANT'S MOTION FOR A NEW TRIAL.

A. MOTION FOR JUDGMENT OF ACQUITTAL - R. 3:18-1.

B. NEW TRIAL MOTION - R. 3:20-1 & ...


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