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STATE v. HUMPHREY

183 N.J. Super. 580 (1982)

444 A.2d 1135

STATE OF NEW JERSEY, PLAINTIFF, v. WAYNE HUMPHREY, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal) Essex County.

Decided March 1, 1982.

Attorney(s) appearing for the Case

Michele Adubato, argued the cause for defendant.

Edward Bilinkas, Assistant Essex County Prosecutor, argued the cause for the State (George Schneider, Prosecutor, attorney).

BAIME, J.S.C. (temporarily assigned).

This case presents novel questions pertaining to the construction and application of N.J.S.A. 2C:20-7(b)(2). That statute creates a presumption of guilty knowledge in a prosecution for knowingly receiving stolen property where the accused has been involved in a similar transaction within the year preceding the charge set forth in the indictment. More specifically, the requisite mental state is "presumed" where the accused...

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