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STATE v. SMITH

195 N.J. Super. 468 (1984)

480 A.2d 236

STATE OF NEW JERSEY, PLAINTIFF, v. DAVID SMITH, DEFENDANT.

Superior Court of New Jersey, Law Division Mercer County.

Decided June 6, 1984.

Attorney(s) appearing for the Case

Angelo Ferrante, for plaintiff (Philip S. Carchman, Mercer County Prosecutor, attorney).

Richard Niemiec for defendant (Thiele and Hermes, attorneys).

LENOX, A.J.S.C.

Defendant contends the charge that he stole three pieces of bubble gum has been blown out of proportion. "Truly trivial cases are rarely prosecuted." State v. Hegyi, 185 N.J.Super. 229, 233 (Law Div. 1982). The issue of whether this case is an exception is a sticky one which invites analysis.

Defendant is charged with shoplifting (N.J.S.A. 2C:20-11) by "concealing merchandise of three...

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