STATE v. ORTIZ


187 N.J. Super. 44 (1982)

453 A.2d 567

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. VICTOR ORTIZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1982.


Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, attorney for defendant-appellant (Sherri Woliver, Assistant Deputy Public Defender, of counsel and on the letter brief).

Irwin I. Kimmelman, Attorney General of New Jersey, for plaintiff-respondent (Katherine A. Smith, Deputy Attorney General, of counsel and on the letter brief).

Before Judges FRITZ, JOELSON and PETRELLA.


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

Defendant was named with others in a four-count indictment charging conspiracy to commit a robbery (N.J.S.A. 2C:5-2; N.J.S.A. 2C:15-1), robbery "while armed with or threatening the immediate use of a deadly weapon, to wit: a gun and/or a knife and/or club" (N.J.S.A. 2C:15-1), aggravated assault (N.J.S.A. 2C:12-1 b(1) and (2)), and a second aggravated assault, respectively. Following...

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