STATE v. TOSCANO


74 N.J. 421 (1977)

378 A.2d 755

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH TOSCANO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 27, 1977.


Attorney(s) appearing for the Case

Mr. S.M. Chris Franzblau argued the cause for appellant (Messrs. Franzblau, Cohen and Falkin, attorneys; Mr. Franzblau, of counsel and on the brief; Mr. Gary L. Falkin, of counsel).

Mr. Roy B. Greenman, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Prosecutor, attorney; Mr. Greenman, of counsel and on the brief).

Mr. William P. Welaj, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey. (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Welaj of counsel and on the brief).


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

Defendant Joseph Toscano was convicted of conspiring to obtain money by false pretenses in violation of N.J.S.A. 2A:98-1. Although admitting that he had aided in the preparation of a fraudulent insurance claim by making out a false medical report, he argued that he had acted under duress. The trial judge ruled that the threatened harm was not sufficiently imminent...

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