PER CURIAM.
On December 10, 1971 defendant Lyle was indicted for murder by the Essex County Grand Jury. Shortly thereafter he applied for release on bail pending trial. A hearing was held thereon, at the conclusion of which the trial court denied the application holding that on the testimony there was a fair likelihood that defendant would be convicted of first degree murder, and therefore the offense was a capital one. State v. Konigsberg,
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