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STATE v. PERSIANO

91 N.J. Super. 299 (1966)

220 A.2d 116

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NICHOLAS PERSIANO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 27, 1966.

Attorney(s) appearing for the Case

Mr. Ralph J. Kmiec argued the cause for appellant (Mr. Angelo D. Malandra, attorney).

Mr. Rudolph J. Rossetti, Assistant Prosecutor, argued the cause for respondent (Mr. Norman Heine, Camden County Prosecutor, attorney; Mr. Anthony M. Bezich, Assistant Prosecutor, on the brief).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

We find without merit defendant's contentions that there was error in denial of a new trial on the ground the verdict was against the weight of the evidence; that the court erred in allowing the prosecutor to elicit evidence of previous crimes, and that the prosecutor improperly characterized the defense as a "smoke screen."

However, we do find error in the prosecutor's reference in summation to...

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