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STATE v. DeMARCO

211 N.J. Super. 421 (1986)

511 A.2d 1251

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS DEMARCO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Michael Critchley argued the cause for appellant (Critchley & Roche, attorneys; Michael Critchley, on the briefs).

Boris Moczula, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; Jay Hindman, Deputy Attorney General, on the letter-brief).

Before Judges ANTELL and SHEBELL.

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

Defendant-appellant Thomas DeMarco was convicted by a jury of possessing gambling records (N.J.S.A. 2C:37-3) and was sentenced to three years of probation with the condition that he serve 60 days in the county jail and was fined $1,500.

At the first trial, defendant's motion for mistrial was granted because the prosecutor in his opening statement to the jury stated that his office had received...

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