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State of New Jersey v. Edward J. Mierzwa

June 3, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDWARD J. MIERZWA, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 09-097.

The opinion of the court was delivered by: Graves, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Submitted March 22, 2011

Before Judges Carchman, Graves and Messano.

The opinion of the court was delivered by GRAVES, J.A.D.

Following a trial de novo in the Law Division, defendant Edward Mierzwa appeals from an order entered on March 15, 2010, finding him guilty of resisting arrest, disorderly conduct, failure to obtain dog licenses, and five harassment charges. The harassment charges were signed by James and Diane Gaffney, who lived next door to defendant.*fn1

Defendant raises the following points on appeal:

POINT I

THE BERGEN VICINAGE II MUNICIPAL COURT WAS OBLIGATED TO PROVIDE DEFENDANT WITH THE ASSISTANCE OF COUNSEL AND ITS FAILURE TO DO SO IS REVERSIBLE ERROR AS IS THE LAW DIVISION'S FAILURE TO SO FIND IN THE MUNICIPAL APPEAL.

POINT II

THIS COURT SHOULD EXERCISE ITS INHERENT POWERS TO DISMISS ALL OF THE CHARGES AGAINST DEFENDANT.

POINT III

DEFENDANT IS ENTITLED TO THE DISMISSAL OF THE CHARGES AGAINST HIM ON THE MERITS.

A. THE STATE DID NOT PROVE BY COMPETENT EVIDENCE BEYOND A REASONABLE DOUBT THAT DEFENDANT WAS GUILTY OF RESISTING ARREST AS ...


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