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STATE v. McFARLANE

A-7 September Term 2015, 075938.

134 A.3d 956 (2016)

224 N.J. 458

STATE of New Jersey, Plaintiff-Respondent, v. Patrick McFARLANE, Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 7, 2016.

Attorney(s) appearing for the Case

Margaret R. McLane , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

Katie Mae Magee , Assistant Prosecutor, argued the cause for respondent ( Angelo J. Onofri , Acting Mercer County Prosecutor, attorney).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney).

Defendant chased an unarmed man, whom he was attempting to rob, and shot him in the back with a revolver. The victim was alive and gasping for air after he fell to the ground, but defendant robbed him and left him to die. Defendant was convicted of first...

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