STATE OF NEW JERSEY V. SCOTT S. KUENY
A-2812-07T4
01-26-10
The trial judge did not abuse his discretion in denying a
mistrial after defendant suffered a medical incident at the end
of the court day and he returned the next day. The judge gave
an adequate instruction at the beginning of the following day
which suggested that defendant did suffer some "illness" and was
"treated," as opposed to "faking" an event for sympathy.
Defendant police officer's conviction for misconduct in
office was reversed because his use of someone else's bank card
left in an ATM machine and taking cash from her account was not
sufficiently related to his office to constitute official
misconduct by the officer while on vacation and out of his
jurisdiction.
