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STATE v. SCHER

278 N.J. Super. 249 (1994)

650 A.2d 1012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. GERALD SCHER, DEFENDANT-APPELLANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1994.

Attorney(s) appearing for the Case

Gerald L. Shargel, argued the cause for appellant/cross-respondent (Mr. Shargel and Vivian Shevitz, admitted pro hac vice, and Hellring, Lindeman, Goldstein & Siegal, attorneys; Richard D. Shapiro, on the brief).

John J. Scaliti, Assistant Bergen County Prosecutor, argued the cause for respondent/cross-appellant (John J. Fahy, Prosecutor, attorney).

Before Judges GAULKIN, BAIME and ARIEL A. RODRIGUEZ.

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

Following a protracted trial, a jury found defendant guilty of reckless manslaughter (N.J.S.A. 2C:11-4b(1)), vehicular homicide (N.J.S.A. 2C:11-5), aggravated assault (N.J.S.A. 2C:12-1b(1)), and three counts of assault by auto (N.J.S.A. 2C:12-1c). In the same proceedings, the trial judge found defendant guilty of driving while intoxicated (N.J.S.A. 39:4-50), operating a motor...

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