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STATE v. BURKS

188 N.J. Super. 55 (1983)

455 A.2d 1148

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN A. BURKS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1983.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender of New Jersey, attorney for appellant (Donald V. Sutton, designated counsel, of counsel and on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (George L. Schneider, Essex County Prosecutor, of counsel; Miriam Kahan Brody, Assistant Essex County Prosecutor, on the letter brief).

Before Judges BOTTER, POLOW and BRODY.

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

This appeal presents the novel problem of determining "the amount involved" in the theft of a negotiable instrument for the purpose of grading the offense under the Code of Criminal Justice. Before adoption of the Code, grading was not required because larceny of a negotiable instrument was a high misdemeanor regardless of its value. N.J.S.A. 2A:119-3.

Defendant was convicted of theft by obtaining...

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