STATE OF NEW JERSEY VS. ROBERT J. KOSCH, JR.
Defendant was convicted of, among other things, theft of immovable property for having leased vacant residences by creating an appearance of ownership through the use of forged or fraudulent documents. The court rejected defendant's argument that N.J.S.A. 2C:20-3(b) only criminalizes theft of title to immovable property; an unlawful taking of a lesser interest may also support a prosecution based on this statute. The court reversed, however, because the jury was not clearly instructed about the nature of the interest allegedly taken. In addition, the court rejected the argument that N.J.S.A. 2C:21-17.3, which criminalizes trafficking in personal identifying information, is constitutionally overly broad or vague.