STATE v. SPENCER


725 A.2d 106 (1999)

319 N.J. Super. 284

STATE of New Jersey, Plaintiff-Respondent, v. Tracy SPENCER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1999.


Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Smith, of counsel and on the brief).

Jordana Jakubovic, Deputy Attorney General, for plaintiff-respondent (Peter Verniero, Attorney General, attorney; Ms. Jakubovic, of counsel and on the brief).

Before Judges PRESSLER, KLEINER and STEINBERG.


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

Following a trial by jury, defendant Tracy Spencer was found guilty of first-degree aggravated manslaughter, (N.J.S.A. 2C:11-4(a)) as a lesser-included offense of first-degree murder, (N.J.S.A. 2C:11-3(a)(1) and (2)) (count one); felony murder, (N.J.S.A. 2C:11-3(a)(3)) (count two); first-degree aggravated sexual assault, (N.J.S.A. 2C:14...

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