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STATE v. COOPER

140 N.J. Super. 28 (1976)

354 A.2d 713

THE STATE OF NEW JERSEY, PLAINTIFF, v. JOHN LEE COOPER, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided February 6, 1976.

Attorney(s) appearing for the Case

Mr. Stephen Schueler for the State (Mr. James M. Coleman, Jr., prosecutor, attorney).

Mr. Timothy Hughes for defendant (Mr. William J. Gearty, Deputy Public Defender, Monmouth Region).

ARNONE, J.C.C., Temporarily Assigned.

After a jury trial defendant was convicted on January 20, 1976 of robbery (N.J.S.A. 2A:141-1) while armed (N.J.S.A. 2A:151-5).

The issue here is whether the conviction for the armed feature should be allowed to stand. No motion for acquittal on this charge has been filed by defendant pursuant to R. 3:18-2. Because the issue is a novel one and in the interest of securing a just determination, the court...

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