STATE v. McCLARY


252 N.J. Super. 222 (1991)

599 A.2d 600

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES McCLARY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1991.


Attorney(s) appearing for the Case

Lawrence S. Lustberg argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; Alison Stewart Kerber, Designated Counsel, on the brief).

Jack J. Lipari, Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Jack J. Lipari, of counsel and on the letter brief).

James McClary, appellant, submitted a supplemental pro se brief.

Before Judges MICHELS, O'BRIEN and HAVEY.


The opinion of the court was delivered by O'BRIEN, J.A.D.

Defendant appeals from his conviction of first degree armed robbery (N.J.S.A. 2C:15-1), fourth degree possession of a weapon (N.J.S.A. 2C:39-5d), and third degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4d). After merging the weapons offenses into the armed robbery, defendant was sentenced as a persistent offender...

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