East Brunswick Tp. v. Malfitano

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtLABRECQUE
Citation108 N.J.Super. 244,260 A.2d 862
Decision Date16 January 1970
PartiesTOWNSHIP OF EAST BRUNSWICK, Plaintiff-Respondent, v. Angelo MALFITANO, Defendant-Appellant.

Page 244

108 N.J.Super. 244
260 A.2d 862
TOWNSHIP OF EAST BRUNSWICK, Plaintiff-Respondent,
v.
Angelo MALFITANO, Defendant-Appellant.
Superior Court of New Jersey
Appellate Division.
Argued Dec. 22, 1969.
Decided Jan. 16, 1970.

Page 246

Robert S. Miller, Old Bridge, for appellant.

Martin E. Kravarik, New Brunswick, for respondent (Selesky & Kravarik, New Brunswick, attorneys).

Page 245

Before Judges KILKENNY, LABRECQUE and LEONARD.

Page 246

The opinion of the court was delivered by

LABRECQUE, J.A.D.

Defendant appeals from his conviction for interfering with a police officer in the performance of his duty, in violation of a local ordinance.

[260 A.2d 863] The matter was submitted to the court on an agreed statement of facts which may be summarized as follows:

On February 28, 1969 a Mr. Hynes phoned the police complaining that a lumber truck had just driven onto his drive way and across a corner of his property to deposit a load of lumber at a nearby construction site. Defendant, who was a supervisor of a company which was constructing homes in the area, had directed the truck driver to do so. Upon the arrival of a policeman he approached defendant, advised him that Hynes intended to swear out a complaint against him for trespassing, and requested his name and address. When defendant refused to give either he was arrested for violation of a borough ordinance which forbade interference with a police officer in the performance of his duty. He was subsequently convicted of trespassing, in violation of N.J.S.A. 2A:170--31, and of violating the ordinance. There was no appeal from the trespass conviction.

In the context of the stipulated facts we hold that the judgment of conviction was well-founded.

The ordinance provided that 'No person shall resist, obstruct or interfere with any township officer * * * in the performance of his duty, nor shall any person disobey the lawful orders or instructions of any such officer * * *.' Defendant urges that, properly construed, the ordinance forbade only actual physical interference with the police. We disagree. The interference which the ordinance prohibited encompassed actions calculated in any appreciable degree to hamper or impede the police in the performance of their

Page 347

duty as they saw it. State v. Taylor, 38 N.J.Super. 6, 29--30, 118 A.2d 36 (App.Div.1955). Actual physical interference with the police officer was not a prerequisite to conviction. Id. at p. 29, 118 A.2d 36. Cf....

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16 practice notes
  • State v. Lashinsky
    • United States
    • United States State Supreme Court (New Jersey)
    • 23 Julio 1979
    ...interference does not require actual or total physical Page 10 frustration, State v. Smith, supra; Tp. of East Brunswick v. Malfitano, 108 N.J.Super. 244, 246-247, 260 A.2d 862 (App.Div.1970); State v. Taylor, 38 N.J.Super. 6, 29-30, 118 A.2d 36 (App.Div.1955); it may include conduct which ......
  • People v. Quiroga, No. A058769
    • United States
    • California Court of Appeals
    • 22 Junio 1993
    ...Ohio App.3d 292, 584 N.E.2d 9; State v. McCrone (1989) 63 Ohio App.3d 831, 580 N.E.2d 468; Township of E. Brunswick v. Malfitano (1970) 108 N.J.Super. 244, 260 A.2d 862; Logan v. Swift (La.App.1976) 327 So.2d 168, 170; Bailey v. State (1989) 190 Ga.App. 683, 379 S.E.2d...
  • State v. Aloi, No. 17350.
    • United States
    • Supreme Court of Connecticut
    • 2 Enero 2007
    ...190 Ga.App. 683, 683-84, 379 S.E.2d 816 (1989); State v. George, 127 Idaho 693, 699, 905 P.2d 626 (1995); East Brunswick v. Malfitano, 108 N.J.Super. 244, 246-47, 260 A.2d 862 (App.Div.1970); cf. State v. Srnsky, 213 W.Va. 412, 421, 582 S.E.2d 859 (2003) ("[A] refusal to identify oneself to......
  • State v. Manning
    • United States
    • New Jersey Superior Court – Appellate Division
    • 28 Enero 1977
    ...decisions of this Appellate Court, State v. Taylor, 38 N.J.Super. 6, 118 A.2d 36 (App.Div.1955), and East Brunswick Tp. v. Malfitano, 108 N.J.Super. 244, 260 A.2d 862 (App.Div.1970), our colleague distinguishes them, apparently for the reason that they concerned ordinances which specificall......
  • Request a trial to view additional results
16 cases
  • State v. Lashinsky
    • United States
    • United States State Supreme Court (New Jersey)
    • 23 Julio 1979
    ...interference does not require actual or total physical Page 10 frustration, State v. Smith, supra; Tp. of East Brunswick v. Malfitano, 108 N.J.Super. 244, 246-247, 260 A.2d 862 (App.Div.1970); State v. Taylor, 38 N.J.Super. 6, 29-30, 118 A.2d 36 (App.Div.1955); it may include conduct which ......
  • People v. Quiroga, No. A058769
    • United States
    • California Court of Appeals
    • 22 Junio 1993
    ...Ohio App.3d 292, 584 N.E.2d 9; State v. McCrone (1989) 63 Ohio App.3d 831, 580 N.E.2d 468; Township of E. Brunswick v. Malfitano (1970) 108 N.J.Super. 244, 260 A.2d 862; Logan v. Swift (La.App.1976) 327 So.2d 168, 170; Bailey v. State (1989) 190 Ga.App. 683, 379 S.E.2d...
  • State v. Aloi, No. 17350.
    • United States
    • Supreme Court of Connecticut
    • 2 Enero 2007
    ...190 Ga.App. 683, 683-84, 379 S.E.2d 816 (1989); State v. George, 127 Idaho 693, 699, 905 P.2d 626 (1995); East Brunswick v. Malfitano, 108 N.J.Super. 244, 246-47, 260 A.2d 862 (App.Div.1970); cf. State v. Srnsky, 213 W.Va. 412, 421, 582 S.E.2d 859 (2003) ("[A] refusal to identify oneself to......
  • State v. Manning
    • United States
    • New Jersey Superior Court – Appellate Division
    • 28 Enero 1977
    ...decisions of this Appellate Court, State v. Taylor, 38 N.J.Super. 6, 118 A.2d 36 (App.Div.1955), and East Brunswick Tp. v. Malfitano, 108 N.J.Super. 244, 260 A.2d 862 (App.Div.1970), our colleague distinguishes them, apparently for the reason that they concerned ordinances which specificall......
  • Request a trial to view additional results

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