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State v. Mingo

Decided: April 8, 1993.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
TRACY MINGO, DEFENDANT-RESPONDENT.



On appeal from the Superior Court, Appellate Division, whose opinions are reported at N.J. Super. (1992).

Chief Justice Wilentz and Justices Clifford, Handler, Pollock, O'Hern, Garibaldi, and Stein join in this opinion.

Per Curiam

Per Curiam

The judgment is reversed, substantially for the reasons expressed in Judge D'Annunzio's Dissenting opinion for the Appellate Division, reported at N.J. Super.(1992).

Chief Justice Wilentz and Justices Clifford, Handler, Pollock, O'Hern, Garibaldi, and Stein join in this opinion.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

A-2868-89T4

STATE OF NEW JERSEY, Plaintiff-Respondent, v. TRACY MINGO, Defendant-Appellant.

Submitted May 27, 1992 - Decided JUL -2 1992

Before Judges Pressler, Shebell and D'Annunzio.

On appeal from Superior Court of New Jersey, Law Division, Atlantic City.

Wilfredo Caraballo, Public Defender, attorney for appellant (Stephen W. Kirsch, Assistant Deputy Public Defender, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent (Robin Parker, Deputy Attorney General, of counsel and on the letter brief).

Per Curiam

Following a jury trial, defendant was convicted of second-degree aggravated assault in violation of N.J.S.A. 2C:12-1b(1) (count eight); second-degree possession of a weapon, a handgun, with a purpose to use it unlawfully in violation of N.J.S.A. 2C:39-4a (count three); and possession of a handgun without a permit in violation of N.J.S.A. 2C:39-5b (count one). The court sentenced defendant to ten years imprisonment with five years of parole ineligibility for the aggravated assault and to a consecutive ten-year term of imprisonment with three years of parole ineligibility for possession of a handgun with an unlawful purpose. The court imposed a five-year term for possession of a handgun ...


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