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STATE v. PENNINGTON

273 N.J. Super. 289 (1994)

641 A.2d 1085

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

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1994.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Acting Public Defender, attorney; Mr. Smith, of counsel and on the brief).

Susan W. Sciacca, Assistant Prosecutor, argued the cause for respondent (John J. Fahy, Bergen County Prosecutor, attorney; Ms. Sciacca, of counsel and on the brief).

Before Judges MICHELS, SKILLMAN and KESTIN.

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

Defendant was indicted for purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3a(1), (2); felony murder, in violation of N.J.S.A. 2C:11-3a(3); and possession of a weapon (a handgun) for an unlawful purpose, in violation of N.J.S.A. 2C:39-4a. The State elected to prosecute the charge of purposeful or knowing murder as a capital offense. See N.J.S.A. 2C:11-3c. A jury found...

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