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STATE v. MURRAY

240 N.J. Super. 378 (1990)

573 A.2d 488

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS MURRAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1990.

Attorney(s) appearing for the Case

Thomas S. Smith, Jr., Acting Public Defender, attorney for appellant (Sonia G. Wagner, Designated Counsel, of counsel and on the brief).

Robert J. Del Tufo, Attorney General of New Jersey, attorney for respondent (Robert E. Bonpietro, Deputy Attorney General, of counsel and on the brief).

Before Judges DEIGHAN, R.S. COHEN and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.S.C. (temporarily assigned).

The defendant, an inmate at Avenel, was indicted for attempted escape, possession of implements of escape and criminal restraint. At the end of the trial, the court granted the State's application to strike the defense of diminished capacity to the criminal restraint charge, but permitted the jury to consider the applicability of that...

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