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STATE v. STEWART

162 N.J. Super. 96 (1978)

392 A.2d 234

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LOUIS STEWART, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 1978.

Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender, attorney for appellant (Mr. Jeffrey S. Feldman, designated counsel, of counsel; Mr. Philip A. Ross, on the brief).

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for respondent (Mr. Kenneth Ply, Assistant Prosecutor, on the brief).

Before Judges FRITZ, BOTTER and ARD.

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

Defendant was convicted of robbery (N.J.S.A. 2A:141-1) in a jury trial. In an earlier trial the jury could not agree upon a verdict. Defendant was sentenced to State Prison for a term of five to seven years.

On this appeal defendant contends: (a) the prosecutor's remarks in summation were prejudicial and the trial judge failed to deal properly with that conduct, and (b) the cross-examination of...

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