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STATE v. CANOLA

73 N.J. 206 (1977)

374 A.2d 20

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LEONEL CANOLA, A/K/A LEON VASQUEZ, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for defendant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. James Mayer, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph C. Woodcock, Jr., Bergen County Prosecutor, attorney).

Ms. Andrea R. Grundfest, Assistant Prosecutor, argued the cause for amicus curiae (Mr. William F. Hyland, Attorney General of New Jersey, attorney); Messrs. David S. Baime and John J. De Cicco, Deputy Attorneys General, of counsel).

The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

Defendant, along with three confederates, was in the process of robbing a store when a victim of the robbery, attempting to resist the perpetration of the crime, fatally shot one of the co-felons. The sole issue for our resolution is whether, under N.J.S.A. 2A:113-1, defendant may be held liable for felony murder. A divided part of the Appellate Division determined the question...

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