STATE v. SWED


255 N.J. Super. 228 (1992)

604 A.2d 978

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. IRWIN SWED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 30, 1992.


Attorney(s) appearing for the Case

Robert B. Donovan argued the cause for appellant (Schottland, Vernon, Aaron & Costanzo, attorneys; Bernard Meiterman, on the brief).

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney).

Before Judges KING, DREIER and GRUCCIO.


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

This appeal involves, among other things, the use of a permissive inference in the prosecution of a crime which was committed prior to the Legislature's creation of the inference. We affirm the use of the inference as it is a procedural matter and does not alter the prosecutor's substantive burden of proof.

Defendant Irwin Swed was tried to a jury and convicted of purposefully obtaining, without compensation...

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