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STATE v. MARSHALL

260 N.J. Super. 591 (1992)

617 A.2d 302

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SHELTON MARSHALL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Diane Toscano, Assistant Deputy Public Defender, of counsel and on the brief).

Jeffrey S. Blitz, Atlantic County Prosecutor, attorney for respondent (James F. Smith, Assistant County Prosecutor, of counsel and on the letter brief).

Before Judges KING, BRODY and LANDAU.

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

Following a jury trial defendant was convicted of second-degree conspiracy to rob, a violation of N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1. The issue at trial was whether defendant, who was present at the scene of the robbery, participated in it with two other men who committed the crime. Although finding him guilty of conspiracy, the jury acquitted defendant of the robbery and of the lesser included...

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