Shoplifting Conviction Reversed On Appeal, Somerset County 2020
Outcome: Judge Peter Tober Reversed And Vacated The Conviction Following A Trial De Novo In Somerville County Superior Court.
Our client was convicted in Hillsborough New Jersey of Shoplifting. The evidence against the client consisted of a video showing the client returning some items and purchasing some items. The store did not retain a receipt and only had records for returns 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 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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