Legal Opinion
State v. Pomianek
New Jersey Superior Court Appellate Division
Decided January 30, 2013PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
REISNER, P.J.A.D.
In connection with an incident in which an African-American coworker was locked in an equipment cage and taunted, defendant David Pomianek, a public employee, was convicted by a jury of harassment by communication, N.J.S.A. 2C:33-4a, and harassment by alarming conduct, N.J.S.A. 2C:33-4c. Based on those two predicate offenses, the jury convicted defendant of bias intimidation pursuant to N.J.S.A. 2C:16-la(3). The jury also convicted defendant of official misconduct, N.J.S.A. 2C:30-2a.
We conclude that N.J.S.A. 2C:16-la(3) would be…
2Cases cited25 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
- Virginia v. BlackSupreme Court of the United States · 2003
- Wisconsin v. MitchellSupreme Court of the United States · 1993
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3Cited by1 opinion
- State v. David Pomianek, Jr. (072293)Supreme Court of New Jersey · 2015