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STATE v. BROOKS

309 N.J. Super. 43 (1998)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BYRON BROOKS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Kevin G. Byrnes, Designated Counsel, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Michael B. Jones, Assistant Deputy Public Defender, of counsel and on the brief).

Marcia H. Geraci, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Ms. Geraci, of counsel and on the brief).

Before Judges SHEBELL, D'ANNUNZIO and COBURN.

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

Defendant, Byron Brooks, after a trial by jury, was convicted on count one of murder, N.J.S.A. 2C:11-3a(1) and -3a(2); on count four of third-degree possession of a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d; and on count five of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He was acquitted on the remaining counts of the indictment, which charged...

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