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STATE v. POWELL

218 N.J. Super. 444 (1987)

528 A.2d 39

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JERRY POWELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1987.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Kenneth W. Elwood, Designated Counsel, of counsel and on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent (Carol A. Stanton, Deputy Attorney General, of counsel and on the brief).

Before Judges DREIER and STERN.

PER CURIAM.

Defendant has appealed from his conviction of third degree burglary, N.J.S.A. 2C:18-2. He was sentenced to the presumptive term of four years.

Based upon the State's proofs, the facts appear to be the following. As a result of the triggering of a silent alarm at a commercial building, a patrolman was dispatched to the scene just before 5:30 a.m. on May 20, 1984. Upon approaching the building, the officer noticed a lone, unoccupied automobile...

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