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STATE v. O'BRIEN

873 A.2d 1268 (2005)

183 N.J. 376

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Terrence O'BRIEN, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided May 24, 2005.

Attorney(s) appearing for the Case

Mary R. Juliano, Assistant Prosecutor, argued the cause for Appellant and Cross-Respondent (John Kaye, Monmouth County Prosecutor, attorney).

Ruth Bove Carlucci, Assistant Deputy Public Defender, argued the cause for Respondent and Cross-Appellant (Yvonne Smith Segars, Public Defender, attorney).

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General of New Jersey, attorney pro se).

PER CURIAM.

Defendant was charged with the knowing or purposeful murder of his sister, Noreen O'Brien. Convicted, he appealed to the Appellate Division, which reversed and remanded for a new trial. Tried a second time to a jury, defendant was convicted of knowing or purposeful murder, N.J.S.A. 2C:11-3, and possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). The trial court merged the convictions and sentenced defendant to a term of life...

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