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STATE v. MAURICIO

117 N.J. 402 (1990)

568 A.2d 879

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MANUEL ANTONIO MAURICIO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 29, 1990.

Attorney(s) appearing for the Case

Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorneys).

John J. Scaliti, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of N.J., attorney).

The opinion of the Court was delivered by CLIFFORD, J.

In an apparent case of mistaken identity, defendant, Manuel Antonio Mauricio, shot and killed one Gary Rizzo, believing him to be a bouncer who had thrown defendant out of a nightclub shortly before the killing. A jury convicted defendant of knowing and purposeful murder, in violation of N.J.S.A. 2C:11-3(a)(1) and (2), and of possession of a sawed-off shotgun, contrary to N.J.S.A. 2C:39-3(b). The...

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