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STATE v. FITZSIMMONS

291 N.J. Super. 375 (1996)

677 A.2d 767

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KEVIN FITZSIMMONS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1995.

Remanded March 12, 1996.

Resubmitted March 14, 1996.

Decided June 12, 1996.

Attorney(s) appearing for the Case

Brian J. Neary, attorney for appellant (Mr. Neary, of counsel and on the brief; Yung-Mi Lee, on the brief).

Charles R. Buckley, Acting Bergen County Prosecutor, attorney for respondent (John J. Scaliti & Stuart Minkowitz, Special Deputy Attorneys General, of counsel and on the letter brief).

Before Judges PRESSLER, KEEFE and RODRIGUEZ.

Remanded by Supreme Court March 12, 1996.

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

This matter has been remanded by the Supreme Court for us "to consider the point raised in [the State's] petition that the judgment below conflicts with [the] Court's decision in State v. Nwobu, 139 N.J. 236, 652 A.2d 1209 (1995)."

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