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STATE v. McCANDLESS

190 N.J. Super. 75 (1983)

461 A.2d 1205

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS McCANDLESS, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PATRICK HARTEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted June 1, 1983.

Decided June 16, 1983.

Attorney(s) appearing for the Case

John M. Apicella, Assistant Deputy Public Defender, argued the cause for the appellant McCandless (Joseph H. Rodriguez, Public Defender, attorney).

Appellant McCandless filed a pro se brief.

Linda J. Wharton, Deputy Attorney General, argued the cause for the respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Shawn P. Leyden, Deputy Attorney General, of counsel and on the letter brief).

Tort, Jacobs, Gross, Rosenberger & Todd, attorneys for the appellant Hartey (Joe Nicola, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for the respondent (Frederick S. Cohen, Deputy Attorney General, of counsel and on the brief).

Before Judges MICHELS, PRESSLER and TRAUTWEIN.

Argued June 1, 1983. (McCandless)

Submitted June 1, 1983. (Hartey).

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

Co-defendants, Thomas McCandless and Patrick Hartey, tried together by a jury, were each convicted of three counts of possession of a stolen credit card in violation of N.J.S.A. 2C:21-6 c(2) and one count of unlawful possession of a so-called B.B. automatic pistol in violation of N.J.S.A. 2C:39-5 b. The three...

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