216 N.J. Super. 231 - State v. Zarrilli’s Empirical Analysis
1987
Citation profile
2 district · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2014
2 district · 16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Papachristou v. City of Jacksonville · 10 N.J. Super. 152 - Cortese v. Cortese · State v. Park · 188 N.J. Super. 656 - State v. Brown · 195 N.J. Super. 468 - State v. Smith
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct: a. Was within a customary license or tolerance, neither expressly negated by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense; b. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or c. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense. The assignment judge shall not dismiss a prosecution under this section without giving the prosecutor notice and an opportunity to be heard. The prosecutor shall have a right to appeal any such dismissal."”
3 later decisions quote this exact passage“... it is public risk that determines what is trivial. The one question to be asked and answered in response to the de minimis motion is therefore: what is the risk of harm to which society is exposed by defendant's conduct?”
3 later decisions quote this exact passage“(a) Defendant’s background, experience and character as indications of whether he or she knew or should have known the law was being violated; fti) Defendant’s knowledge of the consequences of the act; (c) The circumstances surrounding the offense; (d) The harm or evil caused or threatened; (e) The probable impact of the violation on the community; (f) The seriousness of the punishment; (g) Possible improper motives of the complainant or prosecutor; and (h) Any other information which may reveal the nature and degree of culpability. [Zanilli, supra, 216 N.J.Super. at 235 , 523 A.2d 284 .]”
1 later decision quote this exact passagee.g. State v. Halloran
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.