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State v. Dandy

Decided: July 30, 1990.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BENJAMIN DANDY, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Burlington County.

Bilder and Stern. The opinion of the court was delivered by Bilder, J.A.D.

Bilder

Following a jury trial defendant was convicted of theft by failure to make required disposition of a motor vehicle he had received. N.J.S.A. 2C:20-9. The same jury acquitted him of a charge of theft by unlawful taking. N.J.S.A. 2C:20-3a. He was sentenced to a custodial term of 3 years.

The evidence presented by the State showed that a 1978 Buick had been delivered to defendant about March 25, 1987 for repair work which was predicted to require two weeks. Thereafter, the owner was unable to locate either defendant or the

car. On May 7, 1987, he filed a criminal complaint for theft. On June 4, 1987, police authorities located the car. It was occupied by defendant and still bore the owner's license plate. Defendant informed the police he had been working on the car and intended to return it to the owner June 6th. While in defendant's possession, it had been driven some 4,000 miles.

In his brief on appeal, defendant makes the following contentions:

POINT I

THE COURT SHOULD HAVE CHARGED THE LESSER INCLUDED OFFENSE OF UNLAWFUL TAKING OF MEANS OF CONVEYANCE PURSUANT TO N.J.S.A. 2C:20-10 .

POINT II

THE DEFENDANT'S MOTIONS FOR JUDGMENT OF ACQUITTAL SHOULD HAVE BEEN GRANTED.

POINT III

THE COURT'S CHARGE WAS ...


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