STATE v. SHERMAN


230 N.J. Super. 10 (1988)

552 A.2d 621

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROLAND SHERMAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1988.


Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Alan I. Smith, Designated Counsel, on the brief).

Herbert H. Tate, Jr., Essex County Prosecutor, attorney for respondent (Elizabeth Miller-Hall, of counsel and on the brief).

Before Judges KING, BRODY and SKILLMAN.


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

A jury found defendant guilty of first-degree robbery, N.J.S.A. 2C:15-1, and second-degree aggravated assault of the robbery victim, N.J.S.A. 2C:12-1b(1). The judge merged the crimes and sentenced him to a 15-year prison term for the robbery, 6 years to be served without parole eligibility. We reverse and remand for a new trial because of excesses in the assistant prosecutor's summation.

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