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STATE v. PASSAFIUME

184 N.J. Super. 447 (1982)

446 A.2d 549

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PHILLIP PASSAFIUME, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1982.

Attorney(s) appearing for the Case

Cathy L. Wasserman, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender of New Jersey, attorney; Cathy L. Wasserman of counsel and on the brief).

Emily L. Gosnell, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James R. Zazzali, former Attorney General of New Jersey, and Victoria Curtis Bramson, Deputy Attorney General, on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

Defendant was charged in an indictment with uttering on September 22, 1979 a forged check, in violation of N.J.S.A. 2C:21-1(a)(3). Although the State was unable to prove a forgery its proofs demonstrated that defendant had passed a check drawn upon an account which defendant opened in June 1976 but which had been closed since July 1976. After a nonjury trial he was found not guilty of uttering but was...

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