State of New Jersey, Plaintiff-Appellant v. John M. Saulnier, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reversal of the defendant's disorderly‑person conviction, holding that the trial judge erred in proceeding after dismissing the high‑misdemeanor charge under the then‑controlling McGrath rule. The Court also overruled State v. McGrath prospectively, declaring that the jurisdictional limitation on lesser included offenses that are not indictable no longer applies.