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STATE v. CONK

180 N.J. Super. 140 (1981)

434 A.2d 602

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES ROBERT CONK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1981.

Attorney(s) appearing for the Case

George E. Sabbath argued the cause for appellant.

Michael E. Hubner argued the cause for respondent (McKeon, Curtin, Hubner & McKeon, attorneys; Thomas R. Curtin, Kinnelon, on the letter brief).

Before Judges BOTTER, KING and McELROY.

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

Defendant, an 18-year-old, 12th grade student appeals from his conviction of defiant trespass, in violation of N.J.S.A. 2C:18-3(b), for which he was fined $25 and assessed costs.

On appeal defendant alleges that his conviction must be reversed because (1) his actions were within "customary tolerance or license" and the complaint should have been dismissed pursuant to N.J.S.A. 2C:2-11(a) and...

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