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STATE v. D'AMATO

218 N.J. Super. 595 (1987)

528 A.2d 928

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO PAUL D'AMATO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Barbara J. Lieberman argued the cause on behalf of appellant (Alfred A. Slocum, Public Defender, attorney; Barbara J. Lieberman, designated counsel and on the brief).

Mary Ellen Halloran, Deputy Attorney General, argued the cause on behalf of respondent (W. Cary Edwards, Attorney General, attorney; Mary Ellen Halloran, of counsel and on the brief).

Before Judges FURMAN, SHEBELL and STERN.

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

Defendant was indicted for murder, contrary to N.J.S.A. 2C:11-3a, and theft, in violation of N.J.S.A. 2C:20-3. Tried to a jury, defendant was convicted of third degree theft. The jury could not reach a verdict on the murder count and a mistrial was declared. At a second trial, defendant was convicted of the murder. The offenses occurred in February, 1981.

On the murder conviction defendant...

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