STATE v. FISCHER


183 N.J. Super. 79 (1981)

443 A.2d 249

STATE OF NEW JERSEY, PLAINTIFF, v. RUDOLF FISCHER, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided December 7, 1981.


Attorney(s) appearing for the Case

William Smith, Assistant Prosecutor, for plaintiff (Richard S. Rebeck, Middlesex County Prosecutor, attorney).

Jack Venturi, for defendant (Wilentz, Goldman & Spitzer, attorneys).


DEEGAN, J.S.C.

Defendant challenges the constitutionality of N.J.S.A. 2C:37-2(c) and 2C:37-3(b)(2). The issues presented are those of first impression.

On June 6, 1980 Rudolf Fischer was arraigned on Indictment 761-79-09. The indictment alleged conspiracy to promote gambling (N.J.S.A. 2C:5-2), unlawful promotion of gambling (N.J.S.A. 2C:37-2(a)(1)) and unlawful possession of gambling records (N.J.S.A. 2C:37-3).

Defendant...

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