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STATE v. MUSTACCHIO

109 N.J. Super. 257 (1970)

263 A.2d 139

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

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1970.

Attorney(s) appearing for the Case

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

Mr. Joseph A. Falcone, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph P. Lordi, County Prosecutor, attorney).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

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

Defendant Joseph Mustacchio and one Anthony D'Agostino were indicted for the crime of armed robbery, in violation of N.J.S.A. 2A:141-1 and 2A:151-5. Following a jury trial Mustacchio was found guilty and D'Agostino acquitted. Mustacchio appeals.

The indictment followed the holdup of a drug store in Bloomfield on the evening of April 4, 1967. Two men, one armed with a shotgun, entered the pharmacy...

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