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STATE v. TIRONE

64 N.J. 222 (1974)

314 A.2d 601

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD TIRONE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 5, 1974.

Attorney(s) appearing for the Case

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

Mr. Carl R. Lobel, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the Court was delivered by COLLESTER, P.J.A.D., Temporarily Assigned.

Defendant was indicted for assault with intent to commit rape in violation of N.J.S.A. 2A:90-2 and rape in violation of N.J.S.A. 2A:138-1. He was found guilty by a jury of rape and sentenced to a prison term of 10-15 years. On appeal, the Appellate Division reversed the judgment of conviction in an opinion reported at

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