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STATE v. DiPAGLIA

64 N.J. 288 (1974)

315 A.2d 385

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FLOREN DiPAGLIA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued January 21, 1974.

Decided February 5, 1974.

Attorney(s) appearing for the Case

Mr. Elson P. Kendall, Assistant Prosecutor, argued the cause for appellant (Mr. Karl Asch, Union County Prosecutor, attorney).

Mr. Barry M. Epstein argued the cause for respondent (Mr. Hyman Isaac, of counsel; Messrs. Reibel, Isaac, Tannenbaum & Epstein, attorneys).

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

Defendant was tried by jury and convicted of armed robbery, theft of a motor vehicle, assault with intent to kill a police officer and carrying a weapon without a permit.1 He received sentences aggregating 12 to 15 years in State Prison and was fined $10,000. On appeal to the Appellate Division, his conviction was reversed on the ground that the prosecutor's conduct and comments during...

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