STATE v. ONE (1971) DATSUN


189 N.J. Super. 209 (1983)

459 A.2d 1183

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ONE (1971) DATSUN, TWO DOOR COUPE, MAROON, SERIES HLS3029479, NEW JERSEY REGISTRATION 337-PPV, DEFENDANT, AND JOHN V. LAGGY, SR., LEGAL OWNER AND RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1983.


Attorney(s) appearing for the Case

Michael G. Brennan argued the cause for appellant John V. Laggy, Sr. (Wallace, Brennan & Perrin, attorneys).

Mary Jane Cooper, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.


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

On this appeal from a final judgment directing forfeiture of a Datsun automobile (N.J.S.A. 2C:64-1 et seq.), appellant John V. Laggy, Sr., the owner of the automobile, urges that N.J.S.A. 2C:64-1 is "invalid on its face" because it is "unconstitutionally overbroad." He suggests that the constitutional infirmity can be "avoided" by interpreting the statute to prohibit forfeiture "when the...

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