The Appellate Division has ordered a new trial for a defendant convicted of passing bad checks after finding that the trial judge misapplied the law on self-representation in criminal cases.

In a published decision, the panel reversed John Van Ness' conviction on three counts each of theft by deception and issuing bad checks after a trial at which the defendant represented himself. But the appeals court said the trial judge wrongly concluded that he was obligated under a recent state Supreme Court ruling to permit the defendant to represent himself.

The prosecution said Van Ness made more than $2,800 in purchases at a Sears store in Ocean Township with checks from a closed account, then returned the items to other Sears stores for cash refunds.