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STATE v. SMITH

731 A.2d 77 (1999)

322 N.J. Super. 385

STATE of New Jersey, Plaintiff-Respondent, v. Timothy Jerome SMITH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1999.

Attorney(s) appearing for the Case

J. Michael Blake, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Blake, of counsel and on the brief).

Jafer Aftab, Deputy Attorney General, for plaintiff-respondent (John J. Farmer, Attorney General, attorney; Mr. Aftab, of counsel and on the brief).

Before Judges MUIR, Jr., KEEFE, and COBURN.

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

The indictment charged defendant, Timothy Jerome Smith, with the following offenses: murder, N.J.S.A. 2C:11-3a(1) or (2) (count one); felony murder, N.J.S.A. 2C:11-3a(3) (count three); first-degree robbery, N.J.S.A. 2C:15-1 (count four); second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a (count five); third-degree...

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