Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

... German of eight crimes, consisting of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (counts seventy-six, seventy-nine, and eighty-one); second ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

2 State v. Ivonne Saavedra -- rank: 884

... that she was committing such act in an unauthorized manner. N.J.S.A. 2C:30-2(a). Before the grand jury, the State presented evidence (1 ... on all four elements of official misconduct in violation of N.J.S.A. 2C:30-2(a). (pp. 18-25) 3. The second offense for which ... two-count indictment, charging defendant with second-degree official misconduct, N.J.S.A. 2C:30-2(a), and third-degree theft by unlawful taking of public ... first offense for which defendant was indicted is official misconduct. N.J.S.A. 2C:30-2. The statute provides: A public servant is guilty of official ... or is clearly inherent in the nature of his office. [N.J.S.A. 2C:30-2.] New Jersey’s official misconduct statute, enacted as part of ... quoting Cannel, New Jersey Criminal Code Annotated, comment 1 on N.J.S.A. 2C:30-2 (1996-1997)). The State alleged before the grand jury ...

docket:	A-68-13
court:	NJ Supreme Court
decided:	2015-06-23
status:
citation:	222 N.J. 39 117 A.3d 1169
Document Size:	119115

3 /usr/local/share/www/libweb/collections/courts/appellate/a0483-16a0484-16.opn.html -- rank: 800

... began by generally following Model Jury Charge (Criminal), 'Official Misconduct (N.J.S.A. 2C:30-2)' (Sept. 11, 2006). He then described 'one of the central ... by this appeal and the arguments made by the State. N.J.S.A. 2C:30-2 is based upon New York Penal Law § 195.00. Cannel, supra, comment 1 on N.J.S.A. 2C:30-2. 'Misconduct in office or official misconduct has been defined as ... Kueny, The three elements required to establish a violation of N.J.S.A. 2C:30-2(b) are that '(1) the defendant was a public servant ...

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court:	NJ Superior Court Law/Chancery Division
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4 STATE OF NEW JERSEY v. CARLIA M. BRADY -- rank: 791

... began by generally following Model Jury Charge (Criminal) , "Official Misconduct ( N.J.S.A. 2C:30-2)" (Sept. 11, 2006). He then described "one of the central ... by this appeal and the arguments made by the State. N.J.S.A. 2C:30-2 is based upon New York Penal Law § 195.00. Cannel, supra , comment 1 on N.J.S.A. 2C:30-2. "Misconduct in office or official misconduct has been defined as ... Kueny , The three elements required to establish a violation of N.J.S.A. 2C:30-2(b) are that "(1) the defendant was a public servant ...

docket:	a0483-16
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	published
citation:	452 N.J.Super. 143 172 A.3d 550
Document Size:	86949

5 /usr/local/share/www/libweb/collections/courts/supreme/d-10-19.opn.html -- rank: 782

... on three charges: second-degree official misconduct in violation of N.J.S.A. 2C:30-2(b), third- degree hindering apprehension or prosecution in violation of ...

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6 Statev. Brandon T. Morrison -- rank: 762

... is a “public servant” under the official-misconduct statute, N.J.S.A. 2C:30-2(a). At a Squad meeting in October 2011, the treasurer� ... in a municipality, is not a “public servant” under N.J.S.A. 2C:30-2(a). The Appellate Division granted the State’s motion for ... 1(g), in the context of the official-misconduct statute, N.J.S.A. 2C:30-2(a). The Court reviews this question de novo, applying traditional ... official-misconduct statute applies to “public servant[s],” N.J.S.A. 2C:30-2, and aims “to prevent the perversion of governmental authority ... is a “public servant” under the official-misconduct statute, N.J.S.A. 2C:30-2(a). Pemberton Township contracted with the Pemberton First Aid and ... a public servant for purposes of the official-misconduct statute, N.J.S.A. 2C:30-2(a). We come to that conclusion because a private ...

docket:	A-36-15
court:	NJ Supreme Court
decided:	2016-12-14
status:
citation:	227 N.J. 295 151 A.3d 561
Document Size:	77844

7 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 757

... jury in a joint trial of second-degree official misconduct, N.J.S.A. 2C:30-2(b).1 We consolidate these appeals, calendared back-to-back ... with second- degree official misconduct – official function – benefit, N.J.S.A. 2C:30-2(a) (count one); second-degree official misconduct – non-perform duties, N.J.S.A. 2C:30-2(b) (count two); third-degree theft by unlawful taking, N ... misconduct, N.J.S.A. 2C:30-7(a) and N.J.S.A. 2C:30-2(a) (count twelve); and third-degree financial facilitation of criminal ... recognized the three elements required to establish a violation of N.J.S.A. 2C:30-2[(b)] are that '(1) the defendant was a public servant ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

8 A-0STATE OF NEW JERSEY v. ROBERT K. THOMPSON July 27, 2015 -- rank: 755

... K. Thompson was found guilty of third degree official misconduct, N.J.S.A. 2C:30-2(a). 1 On October 18, 2012, defendant was sentenced to ... barred from future government employment. He now appeals, contending that N.J.S.A. 2C:30-2(a) is unconstitutionally vague, that his conviction by a recalled ... the indictment, including charges under both the official misconduct statute, N.J.S.A. 2C:30-2, and the pattern of official misconduct statute, N.J.S ... with one count of second-degree pattern of official misconduct, N.J.S.A. 2C:30-2 and N.J.S.A. 2C:2-6, and two ... VACATED AND COUNT FOUR SHOULD BE DISMISSED WITH PREJUDICE BECAUSE N.J.S.A. 2C:30-2 IS UNCONSTITUTIONALLY VAGUE AND, ALTERNATIVELY, DOES NOT ENCOMPASS HIS ALLEGED CONDUCT. A. Mr. Thompson's Constitutional Attack on N.J.S.A. 2C:30-2 Presents An Issue of First Impression. B. N.J. ...

docket:	a2055-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-22
status:	unpublished
citation:
Document Size:	56404

9 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 755

... official misconduct, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:30-2 (count one); second-degree official misconduct, N.J.S.A. 2C:30-2 (count two); third-degree tampering with public records, N.J ... deprived, is of a value of $200.00 or less[.]' N.J.S.A. 2C:30-2. Sufficient credible evidence in the record demonstrated that A-3029 ... and Courter knowingly made false statements under oath. Official Misconduct N.J.S.A. 2C:30-2 provides, in pertinent part: A public servant is guilty of ... he/she is interested.' Model Jury Charges (Criminal), 'Official Misconduct (N.J.S.A. 2C:30-2)' (2006); see also N.J.S.A. 2C:27-1 ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

10 STATE OF NEW JERSEY v. BRIAN RICE -- rank: 746

... and 2C:30-2 (count one); second-degree official misconduct, N.J.S.A. 2C:30-2 (count two); and fourth-degree tampering with physical evidence, N ...

docket:	a3777-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	published
citation:	425 N.J. Super. 375 41 A.3d 764
Document Size:	80578

11 /usr/local/share/www/libweb/collections/courts/appellate/a2432-20.opn.html -- rank: 746

... N.J.S.A. 2C:12-1(a), official misconduct, N.J.S.A. 2C:30-2(a), and endangering the welfare of a child, N.J ... was indicted on the following charges: second- degree official misconduct, N.J.S.A. 2C:30-2(a), for slapping Dot 'twice in the face . . . after [she ... 4(a)(2) (count two); and second-degree official misconduct, N.J.S.A. 2C:30-2(a), for pushing Dot's head 'towards the floor, after ... defendant on three counts. Count three, second-degree official misconduct, N.J.S.A. 2C:30-2(a), alleged defendant committed 'an act relating to his office ... charged in this case is a second-degree crime under N.J.S.A. 2C:30-2. A conviction for official misconduct permits imposition of a sentence ...

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12 /usr/local/share/www/libweb/collections/courts/appellate/a0365-18.opn.html -- rank: 739

... two counts of second-degree official misconduct, in violation of N.J.S.A. 2C:30-2(a), second- degree sexual assault, in violation of N.J ... official misconduct by engaging in sexual conduct with A.F., N.J.S.A. 2C:30-2(a) (count one); third-degree criminal coercion of A.F ... official misconduct, by engaging in sexual conduct with B.D., N.J.S.A. 2C:30-2(a) (count four); second-degree sexual assault, committing an act ... in 2 A-0365-18 sexual conduct with M.D., N.J.S.A. 2C:30-2(a) (count six); third-degree criminal coercion of M.D ... official misconduct by engaging in sexual conduct with C.L., N.J.S.A. 2C:30-2(a) (count nine); second-degree sexual assault upon C.L ... official misconduct by engaging in sexual conduct with J.O., N.J.S.A. 2C:30-2(a) (count thirteen); second-degree sexual assault upon J. ...

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13 /usr/local/share/www/libweb/collections/courts/appellate/a2640-17.opn.html -- rank: 735

... convicted her of two counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (count seventy-two and seventy-three). After the judge ... or he is committing such act in an unauthorized manner.' N.J.S.A. 2C:30-2(a). Importantly, a defendant need not actually gain a benefit ... in order to constitute the crime of official misconduct under N.J.S.A. 2C:30-2. State v. Parker, 124 N.J. 628, 640 (1991). Where ...

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14 STATE OF NEW JERSEY v. CHARLES K. ZISA -- rank: 733

... Zisa appeals from his conviction for second-degree official misconduct, N.J.S.A. 2C:30-2(a), and insurance fraud, N.J.S.A. 2C:21 ... verdict (NOV) as to the following: second- degree official misconduct, N.J.S.A. 2C:30-2(b), with respect to events occurring in 2004; second-degree ... to Rule 3:18-2, on official misconduct charged under N.J.S.A. 2C:30-2(b), and on committing a pattern of misconduct. The official ... with purpose to obtain a benefit for himself or another.' N.J.S.A. 2C:30-2. Section (a) refers to affirmative conduct. It applies when the ... or he is committing such act in an unauthorized manner.' N.J.S.A. 2C:30-2(a). Section (b) refers to a knowing omission to perform ... or is clearly inherent in the nature of his office.' N.J.S.A. 2C:30-2(b). In prosecuting defendant for the 2004 incident, the ...

docket:	a0653-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-31
status:	unpublished
citation:
Document Size:	71439

15 State v. David T. Pomianek, Jr. -- rank: 730

... a)(3). The jury also convicted defendant of official misconduct, N.J.S.A. 2C:30-2(a), based in part on the finding that he committed ... count indictment with two counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a); twelve counts of fourth-degree bias intimidation, N.J ... a)(3). The jury also convicted defendant of official misconduct, N.J.S.A. 2C:30-2(a), based in part on the finding that he committed ...

docket:	A-32-13
court:	NJ Supreme Court
decided:	2015-03-17
status:
citation:	221 N.J. 66 110 A.3d 841
Document Size:	107351