STATE v. UNDERWOOD


286 N.J. Super. 129 (1995)

668 A.2d 447

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DERRICK J. UNDERWOOD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1995.


Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Lon Taylor, Assistant Deputy Public Defender, of counsel and on the brief).

Deborah T. Poritz, Attorney General, attorney for respondent (Debra A. Owens, Deputy Attorney General, of counsel and on the letter brief).

Before Judges DREIER, A.M. STEIN and CUFF.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We reverse defendant's conviction for receiving stolen property and remand for a new trial.

On the evening of April 6, 1993, Elena Gelletly loaned defendant her car so that he could take his girlfriend to dinner. Defendant never returned with the car. Gelletly reported it stolen about two days later.

During the next week, defendant called...

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