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STATE v. ROSEN

110 N.J. Super. 216 (1969)

265 A.2d 152

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JACOB ROSEN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1969.

Attorney(s) appearing for the Case

Mr. Louis Lipschitz, a member of the Pennsylvania Bar, argued the cause for appellant (Mr. Frederick H. Martin, attorney).

Mr. Myron H. Gottlieb, Assistant Prosecutor, argued the cause for respondent (Mr. Martin J. Queenan, County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

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

This is an appeal from an order dismissing defendant's petition for post-conviction relief.

Defendant Jacob Rosen was indicted for (1) breaking and entering with intent to commit larceny and (2) possession of burglar's tools. Pending trial Angelo Malandra, his retained attorney, was appointed to the bench. At the trial Ralph Kmiec, Judge Malandra's former law associate, appeared to represent the defendant...

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