STATE OF NEW JERSEY VS. DARIEN D. ANDERSON(14-12-2063, MONMOUTH COUNTY AND STATEWIDE), A-0821-15T1

On June 22, 2014, Howard Some went to Oleg Shtutman’s home seeking his daughter’s lost cell phone (tracked to the front yard). Some stayed in the street after being told to leave.
Officers DeFrancesco and Strockbine responded; they detected alcohol on Shtutman and observed him agitated and slurring.
While officers briefly searched the front yard, Shtutman shouted profanities, made sexual and violent-sounding remarks toward Some, and gestured provocatively at Officer Strockbine.
Shtutman advanced toward Strockbine, repeatedly flipped him off and yelled obscenities, coming within inches of the officer’s face; neighbors emerged and people gathered near the scene.
Arrested and charged with disorderly conduct under N.J.S.A. 2C:33-2(a)(1), Shtutman was convicted in municipal court; after a de novo Law Division trial he was again found guilty and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence sufficed for conviction under N.J.S.A. 2C:33-2(a)(1)	State: Shtutman’s loud, profane, advancing conduct was violent/tumultuous and intended to or recklessly did create public inconvenience/annoyance/alarm	Shtutman: Conduct was mere profanity/argument with police, not fighting, threatening, violent, or tumultuous; insufficient to prove purpose or recklessness	Court affirmed: conduct met “fighting/threatening/violent or tumultuous” element and showed purpose or reckless risk of public annoyance/alarm

State v. Robertson, 438 N.J. Super. 47 (App. Div.) (standard of review on municipal appeals)
State v. Stas, 212 N.J. 37 (legal conclusions reviewed de novo; factual findings entitled to deference)
State v. Locurto, 157 N.J. 463 (review standards regarding evidence and credibility)
State v. Gibson, 429 N.J. Super. 456 (distinguishing appellate review roles)
State v. Handy, 206 N.J. 39 (plenary review of legal determinations)
State v. Stampone, 341 N.J. Super. 247 (reversed disorderly conduct conviction where conduct lacked tumult and public impact)
United Property Owners Ass'n of Belmar v. Borough of Belmar, 343 N.J. Super. 1 (tumult can include violent agitation or excessive noise)