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STATE v. KENISON

248 N.J. Super. 189 (1990)

590 A.2d 708

STATE OF NEW JERSEY, PLAINTIFF, v. THOMAS R. KENISON, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT MADSEN, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Susan W. Sciacca for plaintiff.

Paul C. Cavaliere, III for defendants (Cavaliere & Cavaliere, attorneys).

Debra E. Guston for amici curiae LAMBDA Legal Defense & Education Fund, ACLU of New Jersey, the Anti-Violence Project of the New Jersey Lesbian & Gay Coalition, and the New York City Gay & Lesbian Anti-Violence Project (Herbert Guston, attorney; Evan Wolfson of the New York Bar, of counsel).

KOLE, J.A.D. (Retired and temporarily assigned on recall).

The issue presented in these cases is the validity of a complaint-summons issued in connection with prosecutions and convictions in the municipal court for violation of a disorderly persons statute — here, N.J.S.A. 2C:14-4 (lewdness). The matter was raised for the first time, by motions to dismiss the complaints-summonses and reverse the convictions, in these de novo appeals to this court...

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