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STATE v. SIMA

142 N.J. Super. 187 (1976)

361 A.2d 58

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. IMRE SIMA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1976.

Attorney(s) appearing for the Case

Mr. Nicholas DiChiara, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney.)

Mr. Robert J. Genatt, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges FRITZ, SEIDMAN and MILMED.

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

Defendant was charged in a two-count indictment with (1) committing an assault with an offensive weapon (an automatic pistol), contrary to N.J.S.A. 2A:90-3, and (2) possessing a pistol without having a permit therefor, in violation of N.J.S.A. 2A:151-41 (a). Tried to a jury, he was found not guilty of the offense contained in the first count and guilty of the illegal possession of a weapon. A...

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