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STATE v. WILBELY

63 N.J. 420 (1973)

307 A.2d 608

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES WILBELY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 12, 1973.

Attorney(s) appearing for the Case

Mr. Gary H. Schlyen, Assistant Prosecutor, argued the cause for Appellant (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney).

Mr. John H. Ratliff, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

PER CURIAM.

Defendant was found guilty by a jury of unlawfully entering a store in Paterson with intent to steal, in violation of N.J.S.A. 2A:94-1. On appeal, the Appellate Division reversed the conviction on the ground that the trial judge committed "plain error" in his charge to the jury. 122 N.J.Super. 463 (1973). We grant the State's petition for certification to review the decision of the Appellate Division.

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