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STATE v. McKIVER

199 N.J. Super. 542 (1985)

489 A.2d 1256

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KENNETH McKIVER, A/K/A DAVID RAHIM, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1985.

Attorney(s) appearing for the Case

Elizabeth Anne Cohen, attorney for appellant.

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (Mildred Vallerini Spiller, Deputy Attorney General, of counsel and on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

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

After a trial by jury defendant was convicted of attempted theft by extortion, N.J.S.A. 2C:20-5 and 2C:5-1. He was sentenced to a term of twelve years in New Jersey State Prison and now appeals.

On the afternoon of August 20, 1980 the driver of another vehicle signalled Edward Frielinghaus to stop his car and then approached Frielinghaus on foot. Frielinghaus rolled down his window and the stranger...

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