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[W] State v. Cribb

April 19, 1995

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERVAN CRIBB, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County.

Approved for Publication April 19, 1995.

Before Judges King, Muir, Jr., and D'Annunzio. The opinion of the court was delivered by D'annunzio, J.A.D.

The opinion of the court was delivered by: D'annunzio

OPINION WITHDRAWN

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERVAN CRIBB, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Mercer County.

Approved for Publication April 19, 1995.

Alan Dexter Bowman argued the cause for appellant (Alan Dexter Bowman, P.a., attorney; Mr. Bowman, on the brief).

Susan M. Palsir, Assistant Prosecutor, argued the cause for respondent (Maryann K. Bielamowicz, Mercer County Prosecutor, attorney; Ms. Palsir, of counsel and on the brief).

Before Judges King, Muir, Jr., and D'Annunzio. The opinion of the court was delivered by D'annunzio, J.A.D.

The opinion of the court was delivered by: D'annunzio

D'ANNUNZIO, J.A.D.

Tried to a jury under Mercer County Indictment No. 91-10-1265, defendant was convicted of first degree robbery and sentenced to twenty years imprisonment with a ten year period of parole ineligibility. Defendant appeals, and we reverse.

In August 1991, the victim, Anna Memmer, worked at a warehouse on Walnut Street in Hamilton Township. Her work day started at 7:30 a.m., but it was her habit to arrive in the neighborhood at approximately 7:00 a.m., buy coffee and a newspaper at a convenience store, and then sit in her car in the warehouse's ...


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