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STATE v. BURGESS

141 N.J. Super. 13 (1976)

357 A.2d 62

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GWYLLEN BURGESS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1976.

Attorney(s) appearing for the Case

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

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. Kenneth P. Ply, Assistant Prosecutor, of counsel and on the brief).

Before Judges CARTON, CRAHAY and HANDLER.

PER CURIAM.

A jury found defendant guilty of atrocious assault and battery upon his coworker, Joseph Lenkiewicz, in violation of N.J.S.A. 2A:90-1. A motion for a new trial, urged on the ground that the verdict was against the weight of the evidence, was subsequently heard and denied.

The incident in question occurred during work and involved a dispute as to whether defendant was permitted to have a barrel that Lenkiewicz had been using. Defendant did...

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