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STATE v. LOPEZ

160 N.J. Super. 30 (1978)

388 A.2d 1273

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NESTOR LOPEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1978.

Attorney(s) appearing for the Case

Mr. Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Ms. Susan T. Sinins, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Peter H. Brennan, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges FRITZ, BOTTER and ARD.

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

Defendant was charged in two counts with (1) breaking and entering into a building known as the Hurley Building, contrary to N.J.S.A. 2A:94-1, and (2) stealing cases of assorted canned food valued between $200 and $500, contrary to N.J.S.A. 2A:119-2. In a jury trial two police officers testified for the State. Their testimony showed that defendant and an accomplice broke into the Hurley Building...

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