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STATE v. SMITH

279 N.J. Super. 131 (1995)

652 A.2d 241

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT, v. DARRELL SMITH, DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 7, 1995.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Donald T. Thelander, Assistant Deputy Public Defender, of counsel and on the brief).

Deborah T. Poritz, Attorney General of the State of New Jersey, attorney for respondent (Janet Flanagan, Deputy Attorney General, of counsel and on the brief).

Before Judges SHEBELL, SKILLMAN and WALLACE.

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

Tried by a jury defendant Darrell Smith was convicted of first degree kidnapping, N.J.S.A. 2C:13-1b (count two); second degree aggravated assault, N.J.S.A. 2C:12-1b(1) (count four); second degree attempted aggravated sexual assault, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2a(3), as a lesser included offense of aggravated sexual assault, N.J.S.A. 2C:14-2a(3) (count five); second...

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