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STATE v. NELSON

116 N.J. Super. 437 (1971)

282 A.2d 757

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARRY NELSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1971.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, argued the cause for appellant (Mr. Richard Newman, Designated Counsel, of counsel and on the brief).

Mr. Rollin S. Neal, Assistant Prosecutor, argued the cause for respondent.

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

We find no error in the denial of an acquittal at the end of the State's case or at the close of the whole case. The State's case would have been thin had defendant not elicited on cross-examination of Officer McClutchy that the witness had received a complaint from Mr. Doolan, who told him that three black men were coming to his home in Bergenfield at about 7 P.M. in a car with New York license plates...

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