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STATE v. McKINNEY

140 N.J. Super. 160 (1976)

355 A.2d 693

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN McKINNEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Edward P. Hannigan, Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General, attorney for respondent (Mr. Michael R. Ascher, Deputy Attorney General, of counsel and on the brief).

Before Judges LYNCH, LARNER and HORN.

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

A jury found defendant guilty of entering with intent to steal, larceny and assault and battery upon a police officer, following which the trial judge sentenced him to a two to three-year term in State Prison for the entering, a concurrent one to two-year term for the larceny and a consecutive one to two-year term for the assault. He took no appeal.

Subsequently he applied for "post conviction relief"...

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