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STATE v. BONO

128 N.J. Super. 254 (1974)

319 A.2d 762

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER BONO, JR., ROBERT LOMBARD, AND EUGENE MEYERS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1974.

Attorney(s) appearing for the Case

Ms. Rosemary K. Reavey, Assistant Public Defender, argued the cause for appellant Peter Bono, Jr. (Mr. Stanley C. Van Ness, Public Defender, attorney).

Messrs. Wolin & Garrubbo submitted a statement in lieu of brief on behalf of appellant Robert Lombard.

Mr. Michael N. Tobin argued the cause for appellant Eugene Meyers (Messrs. Shevick, Ravich, Koster & Baumgarten, attorneys).

Mr. Elson P. Kendall, Assistant Prosecutor, argued the cause for respondent (Mr. Karl Asch, Union County Prosecutor, attorney).

Before Judges COLLESTER, LYNCH and MICHELS.

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

This is a consolidated appeal by three defendants from convictions of rape in violation of N.J.S.A. 2A:138-1 (count 1), assault with intent to commit rape in violation of N.J.S.A. 2A:90-2 (count 2), and lewdness in violation of N.J.S.A. 2A:115-1 (count 3). The court merged the convictions of rape (count 1) with those of assault with intent to rape (count 2) for purposes of sentencing and...

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