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STATE v. KENNEDY

152 N.J. 413 (1998)

705 A.2d 757

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSEPH KENNEDY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 5, 1998.

Attorney(s) appearing for the Case

Henry L. Warner, Assistant Prosecutor, argued the cause for appellant (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney).

Michael A. Gill, argued the cause for respondent (Goldenberg, Mackler & Sayegh, attorneys).

Carol M. Henderson, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

The opinion of the Court was delivered by POLLOCK, J.

The basic issue is whether N.J.S.A. 2C:20-8 authorizes a municipal court to order restitution from the defendant who pleads guilty to meter tampering in violation of N.J.S.A. 2C:20-8(c). Defendant, Joseph Kennedy pled guilty in the Atlantic City municipal court to tampering with the gas meter at four income producing properties that he owned in Atlantic City. The municipal court sentenced defendant...

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