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STATE v. DARBY

211 N.J. Super. 367 (1986)

511 A.2d 1222

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK DARBY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1985.

Remanded March 25, 1986.

Resubmitted May 16, 1986.

Decided June 27, 1986.

Attorney(s) appearing for the Case

Thomas S. Smith, Jr., Acting Public Defender, attorney for appellant (Michael J. Witt, Designated Counsel, of counsel and on the brief).

George L. Schneider, Essex County Prosecutor, attorney for respondent (Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Before Judges MORTON I. GREENBERG and GAYNOR.

Remanded by Supreme Court March 25, 1986.

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

Defendant was indicted in Essex County on January 14, 1980 for conspiracy to murder David Kelly and Beverly Harrington, for the murder of each and for possession of two handguns without a permit. N.J.S.A. 2C:5-2; N.J.S.A. 2C:11-3; N.J.S.A. 2C:39-5(b). He was convicted on all four counts and, after

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