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State of New Jersey v. Paul Grassi

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 23, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PAUL GRASSI, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Ocean County, Municipal Appeal No. W-2010-1009.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 15, 2012 --

Before Judges Yannotti and Espinosa.

Defendant appeals from his conviction for defiant trespass, N.J.S.A. 2C:18-3b(1), based upon his refusal to leave a fast food restaurant despite requests from the manager and police to do so. We affirm.

Defendant was convicted in municipal court on December 8, 2011. Rule 3:23-2 requires that a party who seeks to appeal from a judgment in municipal court must file "a notice of appeal with the clerk of the court below within 20 days after the entry of judgment." Therefore, defendant was required to file a notice of appeal no later than December 28, 2011. However, defendant did not file his appeal until December 30, 2011. The Law Division judge dismissed his appeal as untimely on January 11, 2011, and later, denied his motion for reconsideration of that dismissal. A second motion for reconsideration was denied on March 30, 2011.

Defendant filed a notice of appeal from the March 30 order on May 9, 2011. Although this appeal was also untimely, we granted defendant's motion to file his appeal as within time.

As noted, Rule 3:23-2 establishes the time period in which an appeal from the municipal court must be filed. Although Rule 1:3-4(a) generally permits the enlargement of time periods set by the rules by way of court order or the written consent of the parties, there are certain time periods established by the rules that are explicitly excluded. Specifically, Rule 1:3-4(c) prohibits the enlargement of time for the filing of appeals to the Law Division from judgments of conviction in municipal court. Therefore, the trial court correctly dismissed defendant's appeal as untimely.

Affirmed.

20120723

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