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STATE v. HERNANDEZ

163 N.J. Super. 283 (1978)

394 A.2d 883

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HECTOR HERNANDEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Mr. Jeffrey E. Fogel, designated attorney, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Mr. Kenneth N. Lipstein, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges HALPERN, ARD and ANTELL.

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

Defendant Hector Hernandez and two confederates, Hector Martinez and George Dominguez, were convicted of conspiracy to commit robbery, armed robbery and assault with intent to rob while armed. Defendant's application for a new trial was denied.

The trial judge properly merged the conviction for assault with intent to rob while armed into the armed robbery conviction, and sentenced defendant on the...

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