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State of New Jersey v. Lawrence E. Bennett

April 7, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LAWRENCE E. BENNETT, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 05-10-01318.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: March 23, 2011

Before Judges Axelrad and R. B. Coleman.

Tried to a jury, defendant Lawrence Bennett was convicted of the disorderly persons offense of false imprisonment, N.J.S.A. 2C:13-3, a lesser-included offense of second-degree criminal attempted kidnapping. At the close of the State's case, the court granted defendant's motion for a judgment of acquittal on the charge of third-degree terroristic threats. The court imposed a fine along with mandatory assessments and penalties.

Defendant appeals his conviction. Through counsel he argues:

POINT I

THE DEFENDANT DID NOT UNLAWFULLY OR SUBSTANTIALLY INTERFERE WITH MS. JOHNSON'S LIBERTIES, AS STATUTORILY REQUIRED FOR A FINDING OF FALSE IMPRISONMENT.

POINT II

THERE WAS NO RESTRAINT THAT TOOK PLACE THAT WAS AGAINST MS. JOHNSON'S WILL NOR WAS IT THE INTENT OF THE DEFENDANT TO CONFINE MS. JOHNSON.

In a pro se supplementary brief, defendant argues:

POINT I

THE COURT BELOW ERRED WHEN IT ALLOWED A SECOND CRIMINAL TRIAL TO BE HELD WITH DEFENDANT AS DEFENDANT, IN VIOLATION OF THE DOUBLE ...


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