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STATE v. $3,000.00 IN U.S. CURRENCY

292 N.J. Super. 205 (1996)

678 A.2d 741

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. $3,000.00 IN UNITED STATES CURRENCY; $309.00 IN UNITED STATES CURRENCY; THE CONTENTS OF ACCOUNT NO. 070-01374-8 AT IRVING SAVINGS AND LOAN; THE CONTENTS OF ACCOUNT NO. 07-5114 AT IRVING SAVINGS AND LOAN; AND A RED PORSCHE, VIN # WPOAA0947GN454198, DEFENDANT-APPELLANT/CROSS-RESPONDENT, AND FRANK FIRRITO, CLAIMANT-APPELLANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Rick A. Garcia argued the cause for appellant/cross-respondent (John Vincent Saykanic, on the brief).

Terry Bogorad, Assistant Prosecutor, argued the cause for respondent/cross-appellant (Ronald S. Fava, Passaic County Prosecutor, attorney; Ms. Bogorad, on the brief).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause on behalf of amicus curiae State of New Jersey (Deborah T. Poritz, Attorney General, attorney; Ms. Gochman, of counsel and on the brief).

Before Judges PRESSLER, KEEFE and WEFING.

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

This is an in rem civil forfeiture proceeding pursuant to N.J.S.A. 2C:64-1 to -9 arising out of the arrest and conviction on drug trafficking charges of claimant Frank Firrito. Five items of personal property are involved: $3,000 in small bills found in a briefcase in claimant's apartment, $309 found on his person, his Porsche automobile, and a checkbook and a passbook evidencing his accounts...

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