Opinion
DOCKET NO. A-3175-11T4
02-19-2013
STATE OF NEW JERSEY, Plaintiff-Respondent, v. RANDAL SENNA, Defendant-Appellant.
Scott E. Becker, attorney for appellant. Ronald J. Gelzunas, attorney for respondent.
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Fisher and St. John.
On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Municipal Appeal No. 08-04-11.
Scott E. Becker, attorney for appellant.
Ronald J. Gelzunas, attorney for respondent. PER CURIAM
Defendant was convicted in municipal court of multiple ordinance violations regarding the condition and maintenance of two different lots he owns in Wildwood, for which fines in the aggregate of $1100 were imposed. Defendant appealed to the Law Division, which, in conducting de novo review, reached the same conclusions and imposed the same fines as had the municipal judge.
Defendant appeals to this court, arguing:
I. THE [TWO SUMMONS THAT WERE] ISSUED FAILED TO COMPLY WITH THE REQUIREMENTS OF DUE PROCESS PURSUANT TO THE CONSTITUTION AND THE CASE LAW OF THE STATE OF NEW JERSEY.
II. THE COURT ERRED IN NOT PERMITTING THE DEFENDANT TO MAKE A PROFFER AS TO HIS CLAIM OF SELECTIVE ENFORCEMENT OF THE LAW.
III. THE PROSECUTOR'S REFERENCE TO THE MONETARY WORTH OF THE DEFENDANT WAS IMPROPER.
IV. THE MUNICIPAL COURT ABUSED ITS DISCRETION IN NOT PERMITTING THE DEFENDANT TO INTRODUCE EVIDENCE OF FIRE CODE VIOLATIONS THAT WERE ISSUED WITH RESPECT TO THE SAME VIOLATION AT [THE] BOARDWALK [PROPERTY].
V. THE STATE FAILED TO PROVE THAT THE DEFENDANT VIOLATED ANY SECTION OF THE CITY CODE WITH RESPECT TO VEHICLES AND EQUIPMENT LOCATED ON THE PROPERTIES.
After close examination of the record in light of defendant's arguments, we find insufficient merit in those arguments to warrant discussion in a written opinion, R. 2:11-3(e)(2), and affirm substantially for the reasons set forth in Judge Rauh's cogent and well-reasoned written opinion.
Affirmed.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION