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STATE v. FUREY

128 N.J. Super. 12 (1974)

318 A.2d 783

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

Superior Court of New Jersey, Appellate Division.

Submitted for Determination March 25, 1974.

Decided April 10, 1974.

Attorney(s) appearing for the Case

Mr. Jeffrey L. Gold for appellant (Messrs. Feinberg & Ginsburg, attorneys).

Mr. L. Steven Pessin, Deputy Attorney General, for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. George F. Kugler, Jr., former Attorney General of New Jersey, of counsel).

Before Judges COLLESTER, LYNCH and MICHELS.

The opinion of the court was delivered by MICHELS, J.S.C.

Between 1968 and 1971 the City of Wildwood had a commission form of government with three commissioners: defendant Joseph A. Furey, who was and is a physician, Wilbur Ostrander and Charles Masciarella, who was also Wildwood's mayor. Three indictments, the essential details of which are hereinafter stated, were returned against defendant.

Indictment No. 432-71 charged that defendant and Masciarella,...

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