On appeal from Superior Court of New Jersey, Law Division, Warren County, Municipal Appeal No. A-04-10-Y27.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Carchman and Graves.
On July 10, 2009, defendant Barbara Carrino was charged with harassment, N.J.S.A. 2C:33-4(b), and disorderly conduct, N.J.S.A. 2C:33-2(a)(1). Following a trial in the Washington Township Municipal Court, she was convicted of both offenses on February 1, 2010. Defendant appealed to the Law Division, and after a de novo trial on June 1, 2010, the court reversed defendant's conviction on the disorderly conduct charge, but it found defendant guilty of harassment. Defendant was sentenced to a fifteen-day jail sentence that was suspended "pending a successful mental health evaluation and DAP enrollment." Defendant was also fined $100, and court costs and statutory assessments were imposed. For the reasons that follow, we affirm.
On July 10, 2009, defendant arrived at the house of Michele Warburton, her sister. Defendant claimed the reason for her visit was to take their mother, who resided with Warburton, "out for coffee." Warburton stated she "was not aware that [defendant] was going to be coming that particular day," but nonetheless allowed defendant inside to wait for their mother to come downstairs.
Thereafter, in the presence of defendant, Warburton ripped up a card that defendant had sent her; defendant wrote in the card that Warburton needed therapy, and Warburton "resented" the "unsolicited advice." Warburton testified that defendant reacted as follows:
A. At that point it was a rejection to her and that set her off.
Q. And what do you mean by set her off?
A. . . . [S]he got extremely agitated and verbally abusive and stood toe to toe with me.
Q. When you say verbally abusive, what did she say if anything?
A. That she was going to kick my ass. And she did mention at one point that she was going to slap me in the face.
Q. And when she said that to you, where was she at again?
A. She was right at the bottom of the stairs in the ...