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STATE v. PETROLIA

37 N.J. Super. 326 (1955)

117 A.2d 281

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BENJAMIN PETROLIA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 17, 1955.

Attorney(s) appearing for the Case

Mr. Philip J. Mylod, Deputy Attorney-General, argued the cause for the respondent (Mr. Ralph L. Fusco, Deputy Attorney-General, Acting Prosecutor, Passaic County, attorney; Mr. Brendan T. Byrne, Deputy Attorney-General, of counsel).

Mr. Frank B. Bozza argued the cause for the appellant.

Before Judges CLAPP, JAYNE and FRANCIS.

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

The defendant was found guilty of armed robbery and seeks a review of the conviction. Prior to the date fixed for oral argument, the State moved for dismissal on the ground that the notice of appeal was not filed within the time prescribed by R.R. 1:3-1(a).

The record discloses that the jury verdict of guilty was returned on October 25, 1954. Sentence was imposed on November 19. For reasons...

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