State v. Phelps

The opinion of the Court was delivered by

SCHREIBER, J.

Defendant, John Phelps, a police officer, was acquitted of unlawfully conspiring with three individuals named DeMarco, Gerrizzo, and Hirtler to promote gambling and to maintain a gambling resort in violation of N.J.S.A. 2C:37-2, N.J.S.A. *5052C:37-4, and N.J.S.A. 2C:5-2. During the trial, the court dismissed a charge of conspiracy to commit official misconduct by knowingly refraining from performing the duties of a police officer. However, defendant was convicted of misconduct in office by failing to report a gambling enterprise, contrary to…