State v. Valentine

The opinion of the court was delivered by

FISHER, J.A.D.

Defendant seeks reversal of his conviction of simple assault because the private attorney who prosecuted the case in municipal court failed to file a certification, required by B. 7:8-7(b), that would address the concerns expressed in State v. Storm, 141 N.J. 245, 661 A.2d 790 (1995), thus precluding the municipal judge from determining whether there was “good cause” for the private prosecution. We reject the State’s argument that defendant’s failure to show he was prejudiced may excuse this structural defect in the municipal proceedings,…