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STATE v. FALCO

60 N.J. 570 (1972)

292 A.2d 13

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NICHOLAS FALCO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Mr. Michael H. Stieber, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Robert R. Blasi argued the cause for respondent (Mr. Elmer J. Herrmann, Jr., on the brief; Messrs. Herrmann and Blasi, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

Defendant Falco, a detective of the City of Newark, was convicted on two charges of misconduct in office (N.J.S.A. 2A:85-1 and 2A:135-1). The Appellate Division reversed, 114 N.J.Super. 53 (1971), and we granted the State's petition for certification, 58 N.J. 603 (1971).

The charges stemmed from a serious brawl in a licensed...

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