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STATE v. MUSTACCHIO

57 N.J. 265 (1970)

271 A.2d 582

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH MUSTACCHIO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 7, 1970.

Attorney(s) appearing for the Case

Mr. Kenneth J. McGuire argued the cause for appellant (Messrs. Stein, Bliablias & Goldman, attorneys).

Mr. George N. Pappas, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

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

The Appellate Division, with one judge dissenting, affirmed the defendant Mustacchio's armed robbery conviction. 109 N.J.Super. 257 (1970). He appealed to this Court as of right under R. 2:2-1(a)(2). A codefendant, Anthony D'Agostino, was acquitted by the jury and is not now before us.

On April 4, 1967, two men entered David Goffman's pharmacy and committed...

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