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State v. Fitzsimmons

New Jersey Supreme Court


March 11, 1996

STATE OF NEW JERSEY, PLAINTIFF-PETITIONER,
v.
KEVIN FITZSIMMONS, DEFENDANT-RESPONDENT.

CORRECTED ORDER ON PETITION FOR CERTIFICATION

To the Appellate Division, Superior Court:

A petition for certification of the judgment in A-6157-93T5 having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is granted, and the matter is summarily remanded to the Appellate Division to consider the point raised in plaintiff's petition that the judgment below conflicts with this Court's decision in State v. Nwobu, 139 N.J. 236, 652 A.2d 1209 (1995). Jurisdiction is not retained.

WITNESS, the Honorable Robert N. Wilentz, Chief Justice, at Trenton, this 11th day of March, 1996.

19960311


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