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STATE v. HORCEY

266 N.J. Super. 415 (1993)

629 A.2d 1367

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WENDELL L. HORCEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Roy B. Greenman, Designated Counsel, on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Larry R. Etzweiler, Deputy Attorney General, of counsel and on the letter brief).

Before Judges SHEBELL, ARNOLD M. STEIN and CONLEY.

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

Defendant, an African-American male, described in the record as larger than the Caucasian female victim, was convicted of second degree robbery as a lesser included offense of first degree armed robbery. We reverse because the trial judge refused to question prospective jurors about whether the racial disparity between the victim and the accused could...

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