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STATE v. REED

183 N.J. Super. 184 (1982)

443 A.2d 744

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRED REED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1982.

Attorney(s) appearing for the Case

John M. Apicella, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney; Mary Ellen Shiever, Assistant Deputy Public Defender, of counsel and on the letter brief).

Victoria Curtis Bramson, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General, and John J. Degnan, former Attorney General, attorneys; Victoria Curtis Bramson, of counsel and on the brief).

Before Judges FRITZ, ARD and TRAUTWEIN.

The opinion of the court was delivered by ARD, J.A.D.

Defendant appeals from a judgment of resentence by the three-judge Resentencing Panel which was constituted by directive of the Supreme Court (see 104 N.J.L.J. 489 (December 6, 1979)). The primary issue presented to us is whether the congruent offense to forgery (N.J.S.A. 2A:109-1 a) is theft by deception (N.J.S.A. 2C:20-4) under the New Jersey Code of Criminal Justice effective September 1...

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