State v. Evans

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

The Bergen County Prosecutor’s Office appeals the dismissal by the Law Division, on defendant Barbara Evans’ motion, of a shoplifting summons as de minimis pursuant to N.J.S.A. 2C:2-11b.

On appeal, the State contends that the judge erred in considering certain of defendant’s statements for their truth and as evidence of innocence, and by deeming certain facts relevant and others irrelevant to the consideration of the triviality aspect of the matter under N.J.S.A. 2C:2-11b. The State argues that, considering the facts in a light most…