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STATE v. SPANO

745 A.2d 598 (2000)

328 N.J. Super. 287

STATE of New Jersey, Plaintiff-Respondent, v. Joseph SPANO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 2000.

Attorney(s) appearing for the Case

Stanley, Powers & Matyola, Bridgewater, for defendant-appellant (Frank J. Stanley, III, of counsel; Daniel J. Matyola, on the brief).

Stephen B. Rubin, Hunterdon County Prosecutor, for plaintiff-respondent (Marcia A. Crowe, Assistant Prosecutor, of counsel and on the brief).

Before Judges PAUL G. LEVY, CARCHMAN and LEFELT.

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

While deer hunting during the early evening of January 28, 1998, defendant Joseph Spano shot and killed two dogs—a golden retriever mix and an Australian shepherd mix. The two dogs were observed by defendant as they were standing over a deer carcass approximately 118 feet away. Defendant asserted that the shepherd aggressively began running toward him and in...

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