Kerwick v. Mayor of Trenton

LEVY, J. S. C.

The issue before the court is whether a plea agreement, resulting in a dismissal of an indictable offense and a conditional discharge of a possessory drug offense, is a disposition which *237would support a claim for reimbursement by a municipality of counsel fees incurred by a public employee originally charged with misconduct in office. It appears this is a matter of first impression. It is before the court on cross-motions for summary judgment as there are no material issues of fact.

Plaintiff Robert Kerwick, a Trenton police officer when he was indicted on January 19, 1979 for…