STATE v. APOSTOLIS


133 N.J. Super. 175 (1975)

336 A.2d 8

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANGELO APOSTOLIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 1975.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Robert J. Konzelmann, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent (Mr. Glenn E. Kushel, Deputy Attorney General, of counsel and on the brief).

Before Judges MATTHEWS, FRITZ and BOTTER.


PER CURIAM.

Other than a complaint of the excessiveness of sentence, which we find to be without merit, the sole question raised by this appeal is whether reference to "unexplained flight" by a trial judge, in his charge to the jury relating to defendant's flight, unlawfully compromises defendant's rights under the Fifth Amendment to the United States Constitution in a situation where defendant did not testify. We answer this question in the negative and affirm the...

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