STATE v. COLE


131 N.J. Super. 470 (1974)

330 A.2d 594

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALFRED COLE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1974.


Attorney(s) appearing for the Case

Mr. Stanley Marcus, designated counsel, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, FRITZ and BOTTER.


PER CURIAM.

Defendant appeals his conviction of attempted larceny, after trial by jury, on the sole ground that the trial judge improperly refused defendant's request to have a polygraph examination ordered as "the prosecutor arbitrarily refused to agree." The apparent (but not real) and engaging simplicity of such a ground camouflages the overtones which both complicate the determination of the issue and mandate an affirmance of the judgment below.

Defendant...

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