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VOL. 2, NO. 221 DECISIONS RELEASED DEC. 16, 1994 CONTRACTS 11-2-4553 D.C. Piano Elec. Inc. v. Club Equus, Inc. and Montclair Riding Academy Ltd., Inc., et al., App. Div. (6 pp.) Where electrician and academy contested fee that electrician claimed that he orally agreed to work for, trial judge during a bench trial properly found that the academy failed to provide the bargained for consideration, and accordingly assessed damages. PUBLIC EMPLOYEES 33-2-4554 In the Matter of Frank Catena Police Officer, Union Township, App. Div. (4 pp.) Where police officer, who reapplied to the township police force after he had left it six years earlier, indicated on his application that he had never been involved in a car accident, even though he was involved in two trivial incidents that he did not report to his insurer, Merit System Board erred in turning him down, since an appointing authority should not be influenced by such minor occurrences. CRIMINAL LAW AND PROCEDURE 14-2-4555 State v. Thomas K. Boone, App. Div. (4 pp.) Where defendant was convicted of first-degree robbery, trial court during a preliminary hearing properly held that the victim’s photographic identification of the defendant at the police station was not inpermissibly suggestive, since the victim had identified the defendant near the crime scene earlier. 14-2-4556 State v. Valerie Ann Hill, App. Div. (24 pp.) Where defendant, who was convicted of cocaine possession, moved for a judgment of acquittal based on entrapment, trial court properly denied the request, since (1) defendant primarily was responsible for planning the crimes, and (2) the methods used by the government to involve defendant in the commission of the crimes were not unreasonable. 14-2-4557 State v. Alex Knowles, App. Div. (6 pp.) Where defendant was convicted of third-degree terroristic threats for threatening his girlfriend, trial court properly admitted evidence of defendant’s prior conduct toward his girlfriend under Evid. R. 55 (now N.J.R.E. 404(b)), since it is relevant to his mental state and the reasonable likelihood that his threats would cause fear. 14-2-4558 State v. Edwin S. Rivera, App. Div. (6 pp.) Where defendant was convicted of second-degree robbery for pushing a store security guard when he attempted to leave the store with unpaid merchandise, trial court properly convicted the defendant, since he knowingly, not instinctively, pushed the guard out of the way. OPINIONS APPROVED FOR PUBLICATION: 23-2-4542 Patricia K. Ward. Enixa Merced, et al. (Dec. 15, 1994); 14-2-4549 State v. David Canty (Dec. 15, 1994); 14-2-4550 State v. Edward Goode (Dec. 15, 1994); 14-2-4551 State v. Almonte Jackson (Dec. 15, 1994).

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