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STATE v. CANERY

144 N.J. Super. 527 (1976)

366 A.2d 706

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MOODY CANERY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1976.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. David H. BenAsher, Designated Counsel, of counsel and on the brief).

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

Before Judges LYNCH, MILMED and ANTELL.

PER CURIAM.

Defendant Moody Canery and codefendant Wesley York were charged with assault with intent to rob (N.J.S.A. 2A:90-2), robbery (N.J.S.A. 2A:141-1), and being armed while committing these offenses (N.J.S.A. 2A:151-5). A jury found defendant guilty on all counts while the codefendant was acquitted.

Defendant on appeal raises the following claims of error: (1) failure to grant a mistrial based on denial of effective assistance of...

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