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STATE v. RIVERA

Docket No. A-4887-11T1

99 A.3d 847 (2014)

437 N.J. Super. 434

STATE of New Jersey, Plaintiff-Respondent, v. Geraldo RIVERA, a/k/a Gerardo Diaz and Juan Rivera, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2014.

Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellant (Benedict and Altman, attorneys; Mr. Benedict and Philip Nettl , New Brunswick, on the brief).

Nancy A. Hulett , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Andrew C. Carey, Acting Middlesex County Prosecutor, attorney; Ms. Hulett , of counsel and on the brief).

Before Judges GRALL, NUGENT and ACCURSO.

The opinion of the court was delivered by

GRALL, P.J.A.D.

A grand jury charged defendant Geraldo Rivera with attempting to murder Sean and Michael Burns during a fight that started at a bar inside a liquor store and ended in the parking lot. The jury acquitted defendant of those charges but convicted him of lesser-included offenses: with respect to Sean, second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); and with respect to Michael, fourth-degree...

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