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STATE v. BROWN

282 N.J. Super. 538 (1995)

660 A.2d 1221

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

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1995.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Lowell Espey, Designated Counsel, of counsel and on the brief).

Clifford J. Minor, Essex County Prosecutor, attorney for respondent (Raymond W. Hoffman, Assistant Prosecutor, of counsel and on the brief).

Before Judges SHEBELL, SKILLMAN and KLEINER.

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

Donald Brown was indicted for purposeful or knowing murder by his own conduct, contrary to N.J.S.A. 2C:11-3a(1) and (2) and other crimes. Tried to a jury as a capital case, defendant was convicted of non-capital murder, contrary to N.J.S.A. 2C:11-3a(1) (count one); theft, as a lesser-included offense of third degree robbery, contrary to N.J.S.A. 2C:15-1 (count three); possession of weapons...

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