STATE OF NEW JERSEY VS. DENARD C. TRAPP (15-042, MONMOUTH COUNTY AND STATEWIDE), A-2280-15T3

After a hearing on May 8, 2014, Judge Sheedy asked a sheriff's officer to "hold" Denard Trapp for possible contempt for allegedly audio-recording the proceeding.
Officer Coppinger told Trapp the judge was investigating the recording and initially advised him he was not under arrest; Coppinger later announced Trapp was under arrest after learning Judge Sheedy ordered it.
Coppinger testified Trapp physically resisted, backing into a corner, raising his hands near his face, and preventing handcuffing; additional officers arrived and a physical struggle captured on courthouse video ensued.
Trapp was charged with and convicted of resisting arrest (disorderly persons) in municipal court; he received probation and fines.
Trapp appealed de novo to the Law Division, which affirmed the conviction and imposed a $200 fine and costs; a motion for reconsideration was denied.
On appeal to the Appellate Division Trapp argued the arrest was unlawful and that the State violated Brady by failing to disclose material evidence; the court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the de novo review appropriate?	Law Division applied standard for municipal de novo review.	Trapp questioned applicability but offered no persuasive error.	De novo review proper; appellate standard described.
Was there sufficient credible evidence Trapp resisted arrest?	Officers' testimony and video supported conviction.	Trapp denied resisting; contested credibility and supplemental documents.	Trial court credited officers; conviction supported on record.
Does illegality of arrest defeat resisting-arrest charge?	Resisting-arrest statute applies if officer acted under color of authority and announced arrest; unlawfulness is no defense.	Trapp argued he was never lawfully subject to arrest.	Court held unlawfulness is not a defense where officer acted under color of authority and announced intent; conviction stands.
Did the State violate Brady by withholding evidence?	No Brady violation because the undisclosed material was not outcome-determinative or relevant to the basis for arrest.	Trapp claimed Brady violation denying discovery and exculpatory material.	Court found no Brady violation; issue not outcome-determinative.

State v. Johnson, 42 N.J. 146 (1964) (standard for appellate review of municipal de novo convictions)
State v. Locurto, 157 N.J. 463 (1999) (appellate court should not make new credibility findings)
State v. Barone, 147 N.J. 599 (1997) (appellate court does not reweigh evidence or reassess witness credibility)
State v. Elders, 192 N.J. 224 (2007) (trial court's legal interpretations not entitled to special deference)
State v. Brown, 205 N.J. 133 (2011) (resisting-arrest statute: unlawfulness of arrest not a defense if officer acted under color of authority and announced arrest)