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STATE v. MIELES

199 N.J. Super. 29 (1985)

488 A.2d 235

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILFREDO MIELES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1985.

Attorney(s) appearing for the Case

Michael Alpart argued the cause for appellant.

Marijean Raffetto Stevens, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

This matter comes on before this court on appeal from a judgment of conviction in a criminal case. The case involves significant statutory construction questions concerning the definition of "handgun" and "firearm" under the New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq. Specifically we must decide whether the instrument used by defendant, a spring action BB pistol...

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