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STATE v. SIMMS

849 A.2d 573 (2004)

369 N.J. Super. 466

STATE of New Jersey, Plaintiff-Respondent, v. Raymond SIMMS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2004.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Alyssa Aiello, Assistant Deputy Public Defender, of counsel and on the brief).

Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney for respondent (Dorothy Hersh, Assistant Prosecutor, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

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

Following a jury trial, defendant Raymond Simms was convicted of the thirddegree crime of resisting arrest by use of physical force or violence against the law enforcement officer attempting the arrest. N.J.S.A. 2C:29-2a(3). He was acquitted of the companion third-degree charge of assault upon a law enforcement officer. N.J.S.A. 2C:12-1b(5). He was sentenced to a four-year prison term on the...

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