STATE v. BUJAN


274 N.J. Super. 132 (1994)

643 A.2d 628

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MODESTO BUJAN AND EDDY TORRES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1994.


Attorney(s) appearing for the Case

Deborah T. Poritz, Attorney General, attorney for appellant (Frank M. Gennaro, Deputy Attorney General, of counsel and on the letter brief).

Miller & Menaker, attorneys for respondents (Steven Menaker, of counsel and on the letter brief).

Before Judges GAULKIN, R.S. COHEN and D'ANNUNZIO.


The opinion of the court was delivered by R.S. COHEN, J.A.D.

A person who receives another's property, believing that it probably had been stolen, is guilty of a violation of N.J.S.A. 2C:20-7a, whether or not the property was stolen in fact. The Law Division order, dismissing Counts Two, Three and Four of the indictment against defendants on the thesis that the property had not been stolen in fact, is therefore reversed, and the counts are reinstated.

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