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STATE v. SMALLS

310 N.J. Super. 285 (1998)

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT, v. JAMES SMALLS, A/K/A JAMES WHITE, DEFENDANT/APPELLANT. STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT, v. GREGORY COUSAR, A/K/A ROBERT WALLS, GREGORY XHOMAS, LARRY WILSON, GREGORY THOMAS, ROBERT WHITE, DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, attorney for appellant James Smalls; (Charles S. Lorber, Designated Counsel; Lisa Chadwick Thompson, and Sandra A. Creighton, on the brief).

Ivelisse Torres, Public Defender, attorney for appellant Gregory Cousar (Brian J. Neff, Designated Counsel, of counsel and on the brief).

Fred J. Theemling, Jr., Hudson County Prosecutor, attorney for respondent (Jeffrey S. Ziegelheim, Assistant Prosecutor, on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.

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

Defendants James Smalls and Gregory Cousar were indicted for one count of robbery. A jury found both defendants guilty of second degree robbery, N.J.S.A. 2C:15-1. The trial judge sentenced Smalls to an extended term of fifteen years with a six year parole disqualification and sentenced Cousar to a ten year term with a five year parole disqualification. These appeals, calendared separately, are consolidated...

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