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STATE v. KENNY

128 N.J. Super. 94 (1974)

319 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN J. KENNY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1974.

Attorney(s) appearing for the Case

Mr. Donald A. Robinson argued the cause for appellant (Messrs. Robinson, Wayne & Greenberg, attorneys; Messrs. Donald A. Robinson, Stuart M. Gladstone and Ronald J. Riccio, on the brief).

Mr. Alfred J. Luciani argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. George F. Kugler, Jr., former Attorney General of New Jersey; Messrs. Edward Roy Rosen and David S. Baime, Deputy Attorneys General, of counsel; and Messrs. Edward Roy Rosen, David S. Baime, John DeCicco, Robert J. Genatt, Alfred J. Luciani, George Henningsen and L. Steven Pessin, Deputy Attorneys General, on the brief).

Before Judges HALPERN, MATTHEWS and BISCHOFF.

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

Defendant John J. Kenny appeals his conviction of the violation of N.J.S.A. 2A:85-1 (misconduct in office) and N.J.S.A. 2A:105-1 (unlawful taking of money for the performance of duties) and the sentences imposed thereon. The fundamental issue presented by this appeal is whether a valid grant of transactional immunity by the United States Attorney in the United States District Court effectively...

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