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WAYNE, N.J. (AP) — A New Jersey police officer has gotten his job back after he earlier lost it for eating at a diner outside of his patrol zone.

Erik Ferschman was reinstated to the Wayne police force by a judge on Thursday.

He had been fired after taking an unauthorized meal break and then taking a few more bites of his meal before leaving for a call about a person in cardiac arrest at a nursing home.

The person died, but Ferschman’s attorney says that was not because he was late to respond. reports that court documents show Ferschman misled internal affairs investigators about where he was and how fast he drove to the nursing home. He drove 105 mph to get there.

Judge Ernest Caposela found that Ferschman neglected his duty but had no history of problems.