State of New Jersey, Plaintiff-Appellant-Respondent v. Joseph La Fera, Sr., Wilbur W. Blauvelt, Richard N. Dinallo…

Summary

The Supreme Court of New Jersey held that the indictment alleging a conspiracy to submit collusive bids was sufficient despite omissions in the charging portion, that overt acts may clarify but not cure a deficient charge, and that the trial court erred in requiring the State to elect between two counts and in denying an amendment to add a missing defendant name. Accordingly, the order denying the motion to dismiss was affirmed, while the orders requiring election and denying amendment were reversed and remanded for amendment and treatment of the counts as a single charge.