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STATE v. ELLIS

116 N.J. Super. 330 (1971)

282 A.2d 406

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. COPELAN EARL ELLIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1971.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, Attorney; Mr. Hannigan, of counsel and on the brief).

Mr. Edwin H. Stern, First Assistant Prosecutor, argued the cause for respondent (Mr. Geoffrey Gaulkin, Prosecutor of Hudson County, Attorney; Mr. Stern, on the brief).

Before Judges KILKENNY, LABRECQUE and LANE.

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

Defendant appeals from the denial of his fourth petition for post-conviction relief. On November 29, 1967 he was convicted on his plea of guilty of assault with intent to rob. (N.J.S.A. 2A:90-2) and of being armed with a revolver while committing the assault (N.J.S.A. 2A:151-5). He was sentenced to two consecutive indeterminate terms at Bordentown Reformatory. When the authorities at Bordentown found...

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