Outcome: Judge Peter Tober Reversed And Vacated The Conviction Following A Trial De Novo In Somerville County Superior Court.
Our client was convicted of shoplifting in Hillsborough, New Jersey. The evidence against the client consisted of a video showing the client returning and purchasing some items. The store did not retain a receipt, only had returns records, and did not present any testimony from the clerk who handled the transaction. At trial, Mr. Abate argued that the lack of evidence prevented the State from proving its case beyond a reasonable doubt. The judge disagreed and said, “Mr. Abate, you can appeal to me.” We did. Judge Peter Tober reversed and vacated the conviction following a trial de novo in Somerville County Superior Court.
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