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STATE v. COLON

186 N.J. Super. 355 (1982)

452 A.2d 700

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RAFAEL SANTIAGO COLON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Robert J. Konzelmann, Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Frank M. Gennaro, Deputy Attorney General, argued the cause for the respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Daniel Louis Grossman, Deputy Attorney General, of counsel and on the letter brief).

Before Judges BISCHOFF, J.H. COLEMAN and GAULKIN.

PER CURIAM.

Defendant Rafael Santiago Colon was charged in a two-count indictment with murder, in violation of N.J.S.A. 2C:11-3 a(1) and N.J.S.A. 2C:11-3 a(2), and unlawful possession of a weapon in violation of N.J.S.A. 2C:39-5 d. The jury acquitted him of murder but convicted him of unlawful possession of a weapon.

On March 30, 1980 defendant, the victim and others were in an apartment building in Paterson. After someone suggested they...

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