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STATE v. MARTINEZ

112 N.J. Super. 552 (1970)

272 A.2d 289

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD MARTINEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1970.

Attorney(s) appearing for the Case

Mr. Daniel R. Coburn, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Coburn on the brief).

Mr. James A. Carey, Assistant Prosecutor, argued the cause for respondent (Mr. Vincent P. Keuper, Monmouth County Prosecutor, attorney).

Before Judges KILKENNY, HALPERN and LANE.

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

Defendant was convicted by a jury of breaking and entering Saint Agnes Church, of Atlantic Highlands, with intent to steal, in violation of N.J.S.A. 2A:94-1. His indeterminate term to the New Jersey Reformatory for males was suspended, and he was fined and placed on probation for two years. The appeal is from the judgment of conviction.

The jury could have found from the State's proofs that defendant...

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