State v. Morgan, A-119 September Term 2011; Supreme Court; opinion by Rabner, C.J.; decided August 8, 2013. On certification to the Appellate Division, 423 N.J. Super. 453 (2011). [Sat below: Judges Fuentes, Nugent and Kestin in the Appellate Division; Judge Bielamowicz in the Law Division.] DDS No. 14-1-0951 [25 pp.]

Defendant Shaffona Morgan was a regular customer at the Pollo Deli in Trenton. Juan Carlos Martinez, the victim, owned the deli, and his father, Juan Batista Martinez, operated it. Miguel Moran, Juan Batista's nephew, worked in the kitchen. On Nov. 24, 2005, defendant, Juan Carlos and Juan Batista had an altercation over a calling card purchased by defendant. When she was refused a refund, defendant took five DVDs from the counter and told Juan Batista that she was keeping them if she did not get her money back.