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STATE v. DeMARCO

76 N.J. Super. 318 (1962)

184 A.2d 523

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH DeMARCO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 25, 1962.

Attorney(s) appearing for the Case

Mr. Irving C. Evers (assigned counsel), argued the cause for defendant-appellant.

Mr. Anthony D. Andora, Assistant Bergen County Prosecutor, argued the cause for plaintiff-respondent (Mr. Guy W. Calissi, Bergen County Prosecutor, attorney; Mr. Andora, on the brief).

Before Judges PRICE, SULLIVAN and MINTZ.

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

Defendant was convicted of assault with intent to commit rape (N.J.S. 2A:90-2). His conviction was based on the verdict of a jury in the County Court. The sole ground on which defendant seeks reversal of the conviction is based on remarks during summation by an assistant prosecutor (other than the attorney who appeared for the State on the argument of this appeal). No objection to the remarks was made...

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