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STATE v. ONE 1986 SUBARU

120 N.J. 310 (1990)

576 A.2d 859

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ONE 1986 SUBARU, N.J. REG. AXB-13X, SERIAL NO. JF1AX45B3GB302047, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 23, 1990.

Attorney(s) appearing for the Case

John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant (Herbert H. Tate, Jr., Essex County Prosecutor).

Ralph A. Colasanti argued the cause for respondent.

The opinion of the Court was delivered by POLLOCK, Justice.

Appellant, State of New Jersey, acting through the Essex County Prosecutor's Office, seeks to forfeit the subject Subaru of claimant, Anthony Matarazzo. The Law Division dismissed the complaint for failure to state a claim. R. 4:6-2(e). The Appellate Division affirmed, relying on the strict construction of the forfeiture statute, N.J.S.A. 2C:64-3a,...

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