2C:20-4, pursuant to a plea agreement with the State. The indictment alleged that between March 19, 2007, and April 2009, defendant obtained in excess of $75,000 belonging to Frank Giosa by creating or reinforcing the false impression that defendant would use the money to pay off Giosa's mortgage, and failing to do so.ĭefendant pled guilty to an amended charge of third-degree theft by deception, N.J.S.A. Based upon our review of the record under the applicable law, we reverse the order denying his request to withdraw his guilty plea and affirm the court's order denying his motion to dismiss the indictment.ĭefendant was charged in an indictment with one count of second-degree theft by deception, N.J.S.A. In these two appeals, which were scheduled back-to-back and consolidated for purposes of this opinion, defendant Robert Schwartz challenges a Decemorder denying his motion to withdraw his guilty plea and a Septemorder denying his motion to dismiss the indictment based on statute of limitations grounds. Enos, Jr., Senior Assistant Prosecutor, on the brief). Dalton, Gloucester County Prosecutor, attorney Ms. Monica Bullock, Legal Intern, argued the cause for respondent (Sean F. Steinberg argued the cause for appellant (Zucker, Steinberg & Wixted, P.A., attorneys Mr. On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Indictment No. This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited.
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