STATE v. ORTIZ


124 N.J. Super. 189 (1973)

305 A.2d 800

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM ORTIZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1973.


Attorney(s) appearing for the Case

Mr. Charles E. Carlson, Jr., argued the cause for the appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Dante P. Mongiardo, Assistant Prosecutor, argued the cause for the respondent (Mr. Joseph D.J. Gourley, Prosecutor of Passaic County, attorney).

Before Judges LORA, ALLCORN and HANDLER.


PER CURIAM.

Defendant appeals his convictions of the charges of robbery, while armed, and possession of a dangerous knife.

He asserts as plain error, (1) the portion of the charge which instructed the jury "that if the * * * [defendant and his codefendant brother] were attempting to collect a debt, this would not be a defense to the charge of robbery and robbery while armed," and (2) failure to "instruct the jury

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