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STATE v. McGUGAN

164 N.J. Super. 365 (1978)

396 A.2d 370

THE STATE OF NEW JERSEY, PLAINTIFF, v. STEPHANIE McGUGAN, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 14, 1978.

Attorney(s) appearing for the Case

Mr. David Glazer, Assistant Prosecutor, for the State (Mr. Donald S. Coburn, Essex County Prosecutor, attorney).

Mr Peter Kristal, Legal Intern, for defendant (Mr. Bernard K. Freamon, Rutgers Urban Legal Clinic, attorney).

JOSEPH F. WALSH, J.S.C.

This appeal from a conviction in the municipal court for a violation of the shoplifting statute (N.J.S.A. 2A:170-97) really presents a single issue: Is defendant, charged with and convicted of the charge of shoplifting, denied her constitutional right of due process when the stolen merchandise is not introduced into evidence at the trial?

The issue appears to be a rather simple...

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