State v. Paserchia

The opinion of the court was delivered by

CUFF, J.A.D.

Following a trial de novo in the Law Division, defendant Carl Paserchia was convicted of violating a municipal ordinance banning disorderly conduct. Defendant was fined $500 plus $30 court costs. The fine has been stayed pending appeal. In this appeal, we must determine whether the municipal ordinance is preempted *463by N.J.S.A. 2C:33-2. We hold that it is and reverse the conviction founded on the municipal ordinance.

The events giving rise to the criminal complaint occurred on December 16, 2000, following an office Christmas party. After…