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STATE v. HARRIS

816 A.2d 171 (2003)

357 N.J. Super. 532

STATE of New Jersey, Plaintiff-Respondent/Cross-Appellant, v. John L. HARRIS, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Deputy Public Defender, argued the cause for appellant/cross-respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. Kirsch, on the brief).

Jack L. Weinberg, Acting Assistant Prosecutor, argued the cause for respondent/cross-appellant (Vincent P. Sarubbi, Camden County Prosecutor, attorney; Mr. Weinberg, of counsel and on the brief).

Before Judges SKILLMAN, CUFF and LEFELT.

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

This appeal requires us to consider the correct form of jury instruction when a defendant is charged with armed robbery based on simulated possession of a deadly weapon.

A jury found defendant guilty of thirddegree burglary, in violation of N.J.S.A. 2C:18-2; third-degree theft, in violation of N.J.S.A. 2C:20-3; armed robbery, in violation of...

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