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STATE v. MARTES

266 N.J. Super. 117 (1993)

628 A.2d 817

STATE OF NEW JERSEY v. DANIEL MARTES, DEFENDANT.

Superior Court of New Jersey, Law Division Camden County.

Decided March 5, 1993.

Attorney(s) appearing for the Case

Charles P. Sandilos, Assistant Deputy Public Defender for defendant (Zulima V. Farber, Public Defender of New Jersey, attorney).

Sally M. Smith, Assistant Prosecutor for the State of New Jersey (Edward Borden, Camden County Prosecutor, attorney).

STEINBERG, J.S.C.

I write this opinion to express my respectful disagreement with the opinion of another trial court in State v. Benford, 259 N.J.Super. 569, 614 A.2d 659 (Law Div. 1992) and hold that the defendant may be convicted of burglary even though his purpose in entering an automobile is only to joyride, or in other words, to operate it and withhold the automobile temporarily...

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