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STATE v. ASCOLESE

59 N.J. Super. 393 (1960)

157 A.2d 858

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FELIX CARMEL ASCOLESE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1960.

Attorney(s) appearing for the Case

Mr. William J. Murray argued the cause for appellant (Mr. Eugene T. Sharkey, of counsel; Mr. James M. Kenihan, on the brief).

Mr. Frank J.V. Gimino argued the cause for respondent (Mr. Lawrence A. Whipple, Hudson County Prosecutor, attorney).

Before Judges CONFORD, FREUND and HANEMAN.

The opinion of the court was delivered by HANEMAN, J.A.D.

Defendant, Felix Carmel Ascolese appeals from a judgment of conviction for the crime of grand larceny, N.J.S. 2A:119-2.

The basis for this appeal is an error which allegedly arose during the State's cross-examination of defendant. Due to the fact that the notebook containing the official stenographic record of defendant's testimony on cross-examination has been lost by the court reporter...

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