Aperuta v. Pirrello

WEISSBARD, J.A.D.

(concurring).

Although I concur with Judge Winkelstein’s thorough and perceptive opinion, I write separately to emphasize two points.

First, in Bruno, supra, 239 N.J.Super. at 473, 571 A.2d 1003, this court stated that the officer’s clearly criminal activities “were outside the scope of his police duties.” In my view, that statement was sufficient to support the denial of the officer’s request for reimbursement of legal fees. However, the court went on, in what I would consider dicta, to opine that N.J.S.A. 40A:14-155, as amended in 1986, was intended to deny reimbursement if…