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STATE v. SCOTT

776 A.2d 810 (2001)

169 N.J. 94

STATE of New Jersey, Plaintiff-Appellant, v. Lamont E. SCOTT, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 24, 2001.

Attorney(s) appearing for the Case

Jack L. Weinberg, Assistant Prosecutor, argued the cause for appellant, (Lee A. Solomon, Camden County Prosecutor, attorney).

Alyssa A. Aiello, Assistant Deputy Public Defender, argued the cause, for respondent, (Peter A. Garcia, Acting Public Defender, attorney).

Lora B. Glick, Deputy Attorney General, argued the cause, for amicus curiae, Attorney General of New Jersey, (John J. Farmer, Jr., Attorney General, attorney).

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

The issue presented in this appeal is whether an unoccupied apartment that is available for rent retains the status of a "dwelling" for purposes of the criminal trespass statute. Defendant Lamont E. Scott was arrested after breaking into a vacant apartment. In an unreported opinion, the Appellate Division reversed defendant's fourth-degree criminal trespass conviction and directed entry of a judgment convicting...

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