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State of New Jersey v. Vesselin Dittrich

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 18, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VESSELIN DITTRICH, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Municipal Appeal No. 01-12.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 3, 2012 -

Before Judges Parrillo and Maven.

On February 17, 2012, a Law Division judge dismissed defendant's municipal court appeal as moot, following the municipal court's dismissal of the criminal complaint. We affirm.

On August 9, 2010, defendant was arrested for disorderly conduct after refusing to cooperate with officers as they questioned him about a reported claim of harassment. On January 21, 2011, a harassment complaint was filed against defendant arising from the August incident. On December 2011, the State moved to dismiss the complaint based on the victim's lack of willingness to proceed. In granting the motion, the municipal court judge held that the police officers had probable cause to arrest at the time of the incident.

Defendant appealed challenging the finding of probable cause. In dismissing the de novo appeal, the Law Division judge noted that "all . . . underlying matter[s] in Municipal Court were dismissed. . . . [T]his [c]court has no jurisdiction to hear your appeal."

On appeal, defendant raises several constitutional and procedural issues, all of which lack sufficient merit to warrant further discussion in a written opinion. R. 2:11-3(e)(2). We add only that New Jersey Court Rule 3:23 grants appeals from judgments of convictions. Since there was no conviction, there was no judgment from which to appeal.

Affirmed.

20121218

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