State v. Blann, A-0097-11T2; Appellate Division; opinion by Accurso, J.S.C., temporarily assigned; dissent by Lisa, J.A.D., retired and temporarily assigned on recall; decided and approved for publication January 9, 2013. Before Judges Simonelli, Accurso and Lisa. On appeal from the Law Division, Atlantic County, Indictment No. 10-09-2128. [Sat below: Judge Donio.] DDS No. 14-2-8664 [47 pp.]
Walter Mitchell was in his car in Atlantic City, stopped at a red light, when he was approached by John Blann, who demanded money. Mitchell initially ignored Blann, who became more agitated and started to scream profanities at Mitchell while demanding money. Eventually, Blann put his hand under his shirt as if reaching for something in his waistband and screamed at Mitchell that he would “blow him away” if Mitchell did not give him money. Mitchell accelerated through the red light and flagged down a police car a few blocks away. He went with the officers and identified Blann, who was arrested. No gun was found.
