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STATE v. SOLTYS

270 N.J. Super. 182 (1994)

636 A.2d 1061

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL SOLTYS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1994.

Attorney(s) appearing for the Case

Neil G. Duffy, argued the cause for appellant (Bellotti and Duffy, attorneys; Donald D. Morgan, Jr., on the letter brief).

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for respondent (Andrew K. Ruotolo, Jr., Union County Prosecutor, attorney; Mr. Kaflowitz of counsel and on the letter brief).

Before Judges STERN, KEEFE and NEWMAN.

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

We granted leave to appeal in order to decide whether the statutory entrapment defense embodied in N.J.S.A. 2C:2-12a applies to a conspiracy to commit a second degree aggravated assault. We conclude that it does, and remand for trial at which the defense may be presented.

Defendant was indicted for conspiring "with D.R., a police informant and unindicted co-conspirator known to the Grand Jury and...

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