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STATE v. HUTSON

211 N.J. Super. 49 (1986)

510 A.2d 706

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONALD HUTSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1986.

Attorney(s) appearing for the Case

John Grele, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney, James K. Smith, Jr., of counsel; James K. Smith, Jr. and John Grele, on the brief).

Greta-Ann Gooden, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney, Greta-Ann Gooden, of counsel and on the letter-brief).

Before PRESSLER, BILDER and GRUCCIO.

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

On this appeal we are asked to consider whether an oral threat to use a gun unaccompanied by the display of any object capable of being believed by the victim to be a deadly weapon is sufficient to support a conviction of armed robbery.

Following a jury trial defendant was convicted of armed robbery, N.J.S.A. 2C:15-1, and illegal possession of diazepam, N.J.S.A. 24:21-20. His conviction...

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