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STATE v. FALCO, ET AL.

114 N.J. Super. 53 (1971)

274 A.2d 828

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NICHOLAS FALCO, ET AL., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1971.

Attorney(s) appearing for the Case

Mr. Elmer J. Herrmann, Jr., argued the cause for appellant.

Mr. George N. Pappas, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Pappas, on the brief).

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

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

Defendant, a Newark police detective, appeals from a conviction following verdicts of guilty on two counts of an indictment charging him with misconduct in office (N.J.S.A. 2A:85-1 and 2A:135-1).

Resolution of the significant issue in this case does not require a detailed statement of facts. The State contended that defendant had started a fight in a tavern which resulted in injury to a waitress...

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