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STATE v. MARTINEZ

229 N.J. Super. 593 (1989)

552 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CESARIO MARTINEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Marcia Blum, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Marcia Blum, of counsel and on the brief).

Robert E. Bonpietro, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney; Robert E. Bonpietro, of counsel and on the brief).

Before Judges MICHELS, MUIR, Jr., and KEEFE.

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

Tried to a jury, defendant Cesario Martinez was found guilty in connection with the death of Ausberto "Hector" Rivera (Rivera) of reckless manslaughter, a crime of the second degree, in violation of N.J.S.A. 2C:11-4b, and possession of a weapon with the purpose to use it unlawfully against the person of another, a crime of the third degree, in violation of N.J.S.A. 2C:39-4d. The trial court...

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