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STATE v. FITZMAURICE

126 N.J. Super. 361 (1974)

314 A.2d 606

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

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1974.

Attorney(s) appearing for the Case

Mr. Robert C. Gruhin argued the cause for appellant.

Mr. Theodore R. Carron, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Mr. Sherwin D. Lester, Prosecutor of Bergen County, attorney).

Ms. Lois DeJulio, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. John DeCicco, Deputy Attorney General, of counsel).

Before Judges HALPERN, MATTHEWS and BISCHOFF.

PER CURIAM.

Defendant was convicted in municipal court of shoplifting, in violation of N.J.S.A. 2A:170-99. He appealed to the County Court where he was again convicted after a trial de novo on the record. He appeals from that conviction and the custodial sentence of six months imposed.

On April 14, 1972 the manager of a food store in Oakland, New Jersey, observed defendant in the store and approached him. Defendant, upon observing the manager...

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