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STATE v. WILBELY

122 N.J. Super. 463 (1973)

300 A.2d 860

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES WILBELY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1973.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. John H. Ratliff, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney for respondent (Mr. Gary H. Schlyen, Assistant Prosecutor, of counsel).

Before Judges FRITZ, LYNCH and BARRETT.

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

Defendant was convicted, after jury trial, of breaking and entering with intent to steal (N.J.S.A. 2A:94-1). On this appeal he claims refusal of his offer to prove his financial resources in order to disprove an intent to steal was error. Additionally, he asserts as plain error complaints about the charge.

Neither the State nor defendant has brought...

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