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State v. Sullivan

Decided: March 7, 1966.

THE STATE OF NEW JERSEY,
v.
GERUE SULLIVAN, DEFENDANT



For modification -- Chief Justice Weintraub and Justices Jacobs, Francis, Proctor, Hall and Schettino. Opposed -- None.

Per Curiam

Counsel assigned to prosecute a post-conviction proceeding under R.R. 3:10A on behalf of a defendant convicted of murder appeals from an allowance of $350 for his services. The county does not cross-appeal but notes the issue presented in State v. Loray and State v. Smith, 46 N.J. 417 (1966), both decided by us today, as to whether compensation may be awarded in a proceeding of this kind. In the present case, the trial court correctly held, as did the trial courts in Loray and Smith, that N.J.S. 2A:163-1 authorizes an award ...


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