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STATE v. D'AGOSTINO

176 N.J. Super. 49 (1980)

422 A.2d 97

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK D'AGOSTINO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1980.

Attorney(s) appearing for the Case

Susan T. Sinins, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney).

Fredric M. Knapp, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, MORGAN and MORTON I. GREENBERG.

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

Defendant appeals his convictions by jury of first degree murder (felony murder), manslaughter, atrocious assault and battery, assault with an offensive weapon, threatening to take a life and unlawful possession of a pistol. He was sentenced to a term of life imprisonment followed by consecutive terms aggregating 13 to 19 years in custody.

The homicide occurred during defendant's attempt to recover property...

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