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STATE v. KOCH

119 N.J. Super. 184 (1972)

290 A.2d 738

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

Superior Court of New Jersey, Appellate Division.

Remanded March 9, 1972.

Resubmitted April 8, 1972.

Decided May 11, 1972.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, and Mr. Gerald Boswell, Assistant Deputy Public Defender, attorneys for appellant.

Mr. John S. Kuhlthau, Middlesex County Prosecutor, and Mr. Thomas Kapsak, Assistant Middlesex County Prosecutor, attorneys for respondent.

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

See our prior opinion herein. State v. Koch, 118 N.J.Super. 421 (App. Div. 1972). After rendition thereof the United States Supreme Court held, on March 22, 1972, in Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972), that the use of uncounselled prior convictions to impeach credibility of a defendant in a criminal trial invalidated a conviction...

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