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STATE v. FARRELL

250 N.J. Super. 386 (1991)

594 A.2d 1338

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT JOSEPH FARRELL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1991.

Attorney(s) appearing for the Case

Donald S. Goldman argued the cause for appellant (Harkavy, Goldman, Goldman & Caprio, P.A., attorneys; Donald S. Goldman on the brief and letter reply brief).

Arthur S. Safir, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Arthur S. Safir, of counsel and on the letter brief).

Before Judges PRESSLER, DEIGHAN and ARNOLD M. STEIN.

The opinion of the Court was delivered by ARNOLD M. STEIN, J.A.D.

Defendant was found guilty of second degree aggravated assault, N.J.S.A. 2C:12-1b(1). The jury found him not guilty of attempted murder, N.J.S.A. 2C:11-3a(1) or (2). The trial judge sentenced defendant to a presumptive seven-year prison term (N.J.S.A. 2C:44-1f(1)(c)) and imposed a $30 VCCB penalty. We reverse because the trial judge incorrectly instructed the jury on the various...

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