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STATE v. LOPEZ

876 A.2d 795 (2005)

378 N.J. Super. 521

STATE of New Jersey, Plaintiff-Respondent, v. Jose LOPEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (William Welaj, Designated Counsel of Counsel and on the brief).

Michael M. Rubbinaccio, Morris County Prosecutor, attorney for respondent (Joseph Connor, Jr., Assistant Prosecutor on the brief).

Before Judges NEWMAN, AXELRAD and R.B. COLEMAN.

The opinion of the court was delivered by

NEWMAN, P.J.A.D.

Defendant Jose Lopez was charged with purposeful/knowing murder, N.J.S.A. 2C:11-3a(1) and 2C:11-3a(2) (Count I); felony-murder, N.J.S.A. 2C:11-3a(3) (Count II); and robbery, N.J.S.A. 2C:15-1a (Count III).

The jury found defendant not guilty of purposeful/knowing murder, but found him guilty of the lesser-included offense of reckless manslaughter, under Count I, found him...

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