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STATE v. SPANO

64 N.J. 566 (1974)

319 A.2d 217

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANTHONY SPANO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 7, 1974.

Attorney(s) appearing for the Case

Mr. Elson P. Kendall, Assistant Prosecutor of Union County, argued the cause for plaintiff-appellant (Mr. Karl Asch, Prosecutor of Union County, attorney; Mr. Kendall on the brief).

Mr. Ira D. Dorian argued the cause for defendant-respondent (Mr. Matthew Grayson, attorney).

PER CURIAM.

We affirm essentially for the reasons stated in the opinion of the Appellate Division, 128 N.J.Super. 90 (1973). However, we deem it necessary to elaborate upon one ground of appeal as to which the Appellate Division said it was "deeply disturbed" and which it forcefully criticized but which was not the basis for its reversal. Unless we condemn such obvious error and unfairness...

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