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STATE v. ANDRIAL

203 N.J. Super. 1 (1985)

495 A.2d 878

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JULIO ANDRIAL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender of the State of New Jersey, attorney for appellant (Michele A. Adubato, Designated Counsel, of counsel and on the brief).

Irwin I. Kimmelman, Attorney General of the State of New Jersey, attorney for respondent (Olivia Belfatto, Deputy Attorney General, of counsel and on the brief).

Before Judges MATTHEWS and HAVEY.

PER CURIAM.

Defendant was indicted for atrocious assault and battery, N.J.S.A. 2A:90-1 (count one); assault with intent to rape, N.J.S.A. 2A:90-2 (count two); rape, N.J.S.A. 2A:138-1, (count three); unlawful possession of a dangerous weapon, N.J.S.A. 2A:151-41 (count four) and possession of a dangerous weapon with intent to use it unlawfully, N.J.S.A. 2A:151-56 (count five).

At a Wade hearing held regarding an out...

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