STATE v. HOGAN


281 N.J. Super. 285 (1995)

657 A.2d 462

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BENNY HOGAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1995.


Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Sara K. Walsh, Designated Counsel, of counsel and on the brief).

Carmen Messano, Hudson County Prosecutor, attorney for respondent (Timothy Moriarty, Assistant Prosecutor, of counsel and on the brief).

Before Judges SHEBELL, SKILLMAN and KLEINER.


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

Early in the afternoon on August 30, 1989, Elnora Daye informed the Jersey City police that she was the victim of an armed robbery in her home at approximately 11:30 p.m. on August 29, 1989. She provided the police with a signed statement which included the following facts.

Hearing noise and the breaking of glass while in a second floor bedroom of her home, she went into her daughter's room and took...

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