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STATE v. SCHULTZ

71 N.J. 590 (1976)

367 A.2d 423

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. FRANK SCHULTZ, DEFENDANT-APPELLANT-CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Mr. Harvey Weissbard argued the cause for appellant-cross-respondent (Messrs. Russell and McAlevy, attorneys).

Mr. David S. Baime, Deputy Attorney General, argued the cause for respondent-cross-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Ms. Barbara Ann Villano, Deputy Attorney General, of counsel and on the brief).

The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

Defendant, a Jersey City patrolman at the time of the events here of concern, was convicted of violation of the forgery statute, N.J.S.A. 2A:109-1, and of misconduct in office. The Appellate Division in an unreported opinion affirmed the conviction for misconduct, but reversed that for forgery, holding the motion for acquittal on that...

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