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STATE v. MILLETT

272 N.J. Super. 68 (1994)

639 A.2d 352

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK MILLETT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1994.

Attorney(s) appearing for the Case

Mordecai Garelick, Assistant Deputy Public Defender, argued the cause for appellant (Zulima V. Farber, Public Defender of New Jersey, attorney; Mr. Garelick, on the brief).

Catherine A. Foddai, Deputy Attorney General, argued the cause for respondent (Fred DeVesa, Acting Attorney General of New Jersey, attorney; Arthur S. Safir, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, HAVEY and A.M. STEIN.

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

I

Defendant appeals from convictions for armed robbery and purposeful or knowing murder. The charges stemmed from the killing of Anthony Mazzo, co-owner of a gas station in Pleasantville, on March 21, 1986. We conclude that the convictions must be reversed and we remand for a new trial. Irrelevant and unduly prejudicial evidence was admitted purporting to demonstrate defendant's consciousness of guilt...

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