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STATE v. DiMODICA

40 N.J. 404 (1963)

192 A.2d 825

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VINCENT DiMODICA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 1, 1963.

Attorney(s) appearing for the Case

Mr. Frederick Klaessig argued the cause for defendant-appellant.

Mr. Peter Murray, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Brendan T. Byrne, Prosecutor of Essex County, attorney).

The opinion of the court was delivered by PROCTOR, J.

The defendant was found guilty by a jury of the crime of robbery while armed. The Appellate Division affirmed his conviction. State v. DiModica, 73 N.J.Super. 1 (App. Div. 1962). We granted the defendant's petition for certification. 38 N.J. 360 (1962).

The facts of the robbery are not in dispute except with respect...

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