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STATE v. ZITO

103 N.J. Super. 552 (1968)

248 A.2d 254

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

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1968.

Attorney(s) appearing for the Case

Mrs. Miriam N. Span, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Peter Murray, Public Defender, attorney; Mr. Richard Newman, Deputy Public Defender, of counsel).

Mr. Robert H. Altshuler, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges SULLIVAN, FOLEY and LEWIS.

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

Defendant Vincent Zito, together with Charles Miller and Karl Shucai, was indicted and convicted for the offense of breaking and entering in violation of N.J.S. 2A:94-1 and for larceny in violation of N.J.S. 2A:119-2. Defendant was sentenced to the New Jersey State Reformatory for males for an indeterminate term.

On appeal to this court Zito contends that (1) his arrest under...

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