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STATE v. LiBUTTI

146 N.J. Super. 565 (1977)

370 A.2d 486

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER LiBUTTI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 1977.

Attorney(s) appearing for the Case

Messrs. Russell & McAlevy, attorneys for appellant (Mr. John P. Russell on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. Peter N. Gilbreth, Assistant Prosecutor, of counsel and on the brief).

Before Judges MATTHEWS, SEIDMAN and HORN.

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

Defendant Peter LiButti appeals his conviction of conspiracy (N.J.S.A. 2A:98-1 and 2) and arson (N.J.S.A. 2A:89-2) following a trial before a jury. A codefendant, August Napolitano, was acquitted on all counts.

On May 16, 1974 the Essex County grand jury indicted defendant along with Frank Basto and Robert Martin, charging that between July...

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