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STATE v. McCLEARY

149 N.J. Super. 77 (1977)

373 A.2d 400

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEO McCLEARY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1977.

Attorney(s) appearing for the Case

Mr. Daniel W. O'Mullan, designated counsel, argued the cause for defendant-appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Steven M. Ingis, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. William F. Hyland, Attorney General, attorney).

Before Judges CARTON, KOLE and LARNER.

The opinion of the court was delivered by LARNER, J.A.D.

Following a reversal of defendant's convictions for second degree murder, assault with an offensive weapon and threatening a life by use of a gun, defendant was retried and convicted again on the second degree murder charge. He was sentenced to New Jersey State Prison on the murder charge for a term of 20 to 28 years.

The appellate brief contains 19 points, some of which are urged by counsel and others...

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