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STATE v. BORATTO

80 N.J. 506 (1979)

404 A.2d 604

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. JOSEPH BORATTO, DEFENDANT-RESPONDENT, AND MARTIN SILVERMAN, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided June 28, 1979.

Attorney(s) appearing for the Case

Mr. Albert G. Fredericks, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Philip B. Whitcomb, Deputy Attorney General, of counsel and on the brief).

Mr. Jack L. Cohen argued the cause for cross-appellant (Messrs. Greenberg, Margolis and Ziegler, attorneys; Mr. Stephen N. Dratch, on the brief).

Mr. Richard Newman argued the cause for respondent (Messrs. Isles, Newman and Weissbard, attorneys).

The opinion of the court was delivered by HANDLER, J.

Defendants Joseph Boratto and Martin Silverman, attorneys practicing together as law partners, were indicted by a Bergen County Grand Jury for several crimes arising out of the probate of a will, the issuance of letters testamentary and the administration of the estate of a decedent, one Michael G. DePhillips. Boratto was charged in the first count of the indictment with uttering a document falsely purporting to...

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