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STATE v. FELSEN

890 A.2d 1029 (2006)

383 N.J. Super. 154

STATE of New Jersey, Plaintiff-Respondent, v. Stuart FELSEN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 2006.

Attorney(s) appearing for the Case

Robert W. Gluck, New Brunswick, argued the cause for appellant (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Phillip G. Ray, West Orange, on the brief).

Joseph J. D'Onofrio, Jr., Assistant Prosecutor, argued the cause for respondent (Michael M. Rubbinaccio, Morris County Prosecutor, attorney; Joseph Connor, Jr., Assistant Prosecutor, on the brief).

Before Judges CUFF, HOLSTON, JR., and GILROY.

The opinion of the court was delivered by

GILROY, J.S.C. (temporarily assigned).

Defendant appeals his convictions of third-degree attempt to obtain Percocet, a controlled dangerous substance (CDS), by fraud, N.J.S.A. 2C:35-13 and 2C:5-1 (Count One); and third-degree forgery, N.J.S.A. 2C:21-1a(2) (Count Two). We are presented with the question, whether evidence of defendant's intent to defraud the State's regulatory program concerning the dispensing...

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