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STATE v. CAPPADONA

127 N.J. Super. 555 (1974)

318 A.2d 425

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRED CAPPADONA, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES FISHER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 1974.

Attorney(s) appearing for the Case

Mr. Seymour Gelzer argued the cause for appellant Cappadona (Messrs. Iaria & Gelzer, attorneys).

Mr. Robert A. Coogan, designated counsel, argued the cause for appellant Fisher (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Donald W. Peppler, Jr., on the brief).

Mr. Lewis N. White, III, Assistant Prosecutor, argued the cause for respondent (Mr. John S. Kuhlthau, Middlesex County Prosecutor, attorney).

Before Judges KOLOVSKY, FRITZ and CRANE.

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

Defendants Fred Cappadona and Charles Fisher were found guilty of robbery, in violation of N.J.S.A. 2A:141-1, and being armed while committing the robbery, in violation of N.J.S.A. 2A:151-5, after a jury trial in the Superior Court of Middlesex County. The indictment returned by the state grand jury also named Alex Birnbaum, George Lattimore and Joan Janiszewski as defendants. Joan Janiszewski testified...

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