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STATE v. INDELICATO

87 N.J. Super. 566 (1965)

210 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF, v. VINCENT INDELICATO, DEFENDANT.

Superior Court of New Jersey, Law Division — Criminal.

Decided May 12, 1965.

Attorney(s) appearing for the Case

Mr. Samuel Larner for defendant (Messrs. Budd, Larner & Kent, attorneys).

Mr. David A. Waters, Assistant-Prosecutor, argued the cause for the State (Mr. James A. Tumulty, Jr., Hudson County Prosecutor, attorney).

SCHULMAN, J.C.C. (temporarily assigned).

Defendant was indicted by the Hudson County grand jury for presumably nonfeasance in office in violation of N.J.S. 2A:85-1. He now moves to strike said indictment by notice of motion, brief and affidavits attached thereto on the ground that he is not a public officer but an independent contractor.

The fact disclosed at the hearing which was not controverted by the State was that defendant was retained by the...

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