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STATE v. MARNIN

108 N.J. Super. 442 (1970)

261 A.2d 682

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

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1970.

Attorney(s) appearing for the Case

Mr. Kenneth S. Javerbaum, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mrs. Miriam N. Span, Assistant Deputy Public Defender, on the brief).

Mr. Charles D. Sapienza, Assistant Prosecutor, argued the cause for respondent (Mr. James A. Tumulty, Jr., Prosecutor of Hudson County, attorney).

Before Judges SULLIVAN, CARTON and HALPERN.

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

In 1953 defendant was convicted on indictments charging assault with a dangerous weapon, assault with intent to rob, robbery, and robbery while armed. He was sentenced to consecutive terms totalling 22 to 29 years in prison (receiving 12 to 15 years on the robbery and robbery while armed charge).

In a 1965 post-conviction relief proceeding the trial court...

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