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STATE v. CHERRY

289 N.J. Super. 503 (1995)

674 A.2d 589

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES CHERRY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 1995.

Attorney(s) appearing for the Case

Susan Reisner, Public Defender of New Jersey, attorney for appellant (Arnold I. Budin, Designated Counsel, on the brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent (Lisa Sarnoff Gochman, Deputy Attorney General, of counsel and on the brief).

James Cherry, appellant, filed a pro se supplemental brief.

Before Judges PRESSLER, KEEFE and ARIEL A. RODRIGUEZ.

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

On September 30, 1970, Atlantic City police officer, John Burke, was killed by a shotgun blast to his throat. He was in uniform and on duty at the time. On December 18, 1970, defendant, James Cherry, was indicted for second degree murder, contrary to N.J.S.A. 2A:113-1, -2 (count one), and first degree murder of a police officer in the execution of his duties, contrary to N.J.S.A. 2A:113-1, -2 (count...

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