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STATE v. BURNETT

245 N.J. Super. 99 (1990)

584 A.2d 268

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLARD F. BURNETT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Loni M. Hand, Assistant Prosecutor, argued the cause for the appellant (Paul T. Koenig, Jr., Mercer County Prosecutor, attorney).

M. Virginia Barta, Assistant Deputy Public Defender, argued the cause for the respondent (Wilfredo Caraballo, Public Defender, attorney; M. Virginia Barta, of counsel and on the brief).

Before Judges ANTELL, O'BRIEN and KEEFE.

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

The issue to be decided on this appeal is whether the jury's acquittal of defendant Willard Burnett on the predicate offenses of theft, possession of cocaine, and possession of cocaine with intent to distribute it, while convicting defendant on the compound offense of official misconduct, requires the conviction to be vacated because of inconsistency.

Defendant Willard Burnett, a Trenton police officer...

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