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STATE v. SYKES

93 N.J. Super. 90 (1966)

225 A.2d 16

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER R. SYKES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1966.

Attorney(s) appearing for the Case

Mr. Joseph J. Bergamino, assigned counsel, argued the cause for appellant.

Mr. James R. Zazzali, Assistant Prosecutor, argued the cause for respondent (Mr. Brendan T. Byrne, Essex County Prosecutor, attorney; Mr. Barry H. Evenchick, of counsel and on the brief).

Before Judges CONFORD, FOLEY and LEONARD.

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

Defendant appeals from the denial of his petition for post-conviction relief.

The principal ground of appeal is that defendant was deprived of his constitutional right to a fair trial because, during a recess, he was seen in handcuffs by members of the jury. This point could have been raised on direct appeal and ordinarily it would not be cognizable upon an application for post-conviction relief. R...

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