STATE v. DICKENS


192 N.J. Super. 290 (1983)

469 A.2d 965

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERT DICKENS, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1983.


Attorney(s) appearing for the Case

Peter R. Day, Designated Counsel, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney; Philip A. Kahn, of counsel, and on the brief).

Catherine Foddai, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Katherine A. Smith, Deputy Attorney General, of counsel, and on the brief).

Before Judges J.H. COLEMAN, GAULKIN and SHEBELL.


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

Following a jury trial, defendant was found guilty of conspiring with Larnell Holcomb, Dewey Upshaw, Clarence Waldron and Tyrone Coleman to commit an armed robbery contrary to N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1. He was sentenced to a custodial term of ten years with five years of parole ineligibility.

On this appeal, defendant contends:

1. THE STATE FAILED TO MEET ITS HEAVY...

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