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STATE v. CURTIS

148 N.J. Super. 235 (1977)

372 A.2d 612

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BENJAMIN CURTIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Mr. Harvey H. Gilbert argued the cause for appellant (Messrs. Gilbert, Gilbert & Schlossberg, attorneys).

Mr. Daniel A. Swick, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General, attorney).

Mr. William L. Roughton, Jr., Assistant Deputy Public Advocate, argued the cause for Mr. Stanley C. Van Ness, Public Advocate, as amicus curiae.

Mr. Robert O. Brokaw argued the cause for Jersey Central Power & Light Company, as amicus curiae (Mr. John G. Graham, attorney).

Before Judges CARTON, KOLE and LARNER.

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

Defendant was convicted in the Rockaway Township Municipal Court of the disorderly persons offense of tampering with an electric meter, in violation of N.J.S.A. 2A:170-64. In a de novo trial on the record in the Morris County Court he was again found guilty.

Defendant's appeal is addressed solely to the constitutionality of a provision of the foregoing statute which permits the existence...

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