STATE v. DEATORE


70 N.J. 100 (1976)

358 A.2d 163

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES A. DEATORE AND DAVID J. MALLON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 13, 1976.


Attorney(s) appearing for the Case

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for plaintiff-appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Berg, of counsel and on the brief).

Mr. Philip S. Elberg, designated attorney, argued the cause for defendant-respondent James A. Deatore (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Elberg, of counsel and on the brief).

Mr. Alexander F. McGimpsey argued the cause for defendant-respondent David J. Mallon (Mr. Stanley C. Van Ness, Public Defender, attorney; Messrs. Orlando & McGimpsey, designated attorneys, Mr. Stephen Orlando, Jr., of counsel and on the brief).


The opinion of the Court was delivered by HUGHES, C.J.

Having been tried jointly to a jury, defendants were convicted of armed robbery (N.J.S.A. 2A:141-1, N.J.S.A. 2A:151-5) of a store proprietor and a customer present in the store at the time. The Appellate Division reversed the convictions in separate unreported decisions, and we granted certification on petitions of the State. 63 N.J. 425 and 502 (1973).

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