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STATE v. BILEK

308 N.J. Super. 1 (1998)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH BILEK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1998.

Attorney(s) appearing for the Case

William J. Rohr, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Mr. Rohr, on the brief).

Jennifer L. Gottschalk, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Ms. Gottschalk, of counsel and on the brief).

Before Judges PRESSLER, CONLEY and WALLACE.

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

Following a jury trial, defendant was acquitted of the charge of possession of a handgun with the purpose to use it against Ricardo Lapa, Sr., but convicted of fourth degree aggravated assault pursuant to N.J.S.A. 2C:12-1b(4), that is, pointing a firearm at or in the direction of Ricardo Lapa, Sr., under circumstances manifesting extreme indifference to the value of human life. A custodial

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