![]() Douglas that her son was a possible suspect in *270 the armed robbery and asked defendant, who was in bed, to get dressed and requested both defendant and his mother to accompany him to the police station. Defendant's mother answered the door and defendant was in his bedroom which did not have a separate door. Meanwhile, as the result of a conversation with Jeffrey Benjamin, the wounded assailant, Officer Gallagher, together with Detective Deleva went to defendant's apartment. Howell was taken to the police station where he gave a statement and identified the defendant from a group of eight photographs. and Totaro and Benjamin were taken to a hospital. The police arrived at the scene at approximately 5:30 p.m. However, Totaro managed to take out his own gun and wound one of the robbers, later identified as Jeffrey Benjamin. A scuffle followed and Totaro was shot in the shoulder. One of the men approached Howell and subsequently, at gunpoint, ordered him to lie face down on the floor.Īt about the same time one of the other men approached Totaro who was standing behind the counter near the cash register. The owner, Michael Totaro and an employee, Michael Howell, were present when four or five men entered the store. an armed robbery was perpetrated at Fulton Hardware in Jersey City, New Jersey. A Violent Crimes Compensation Board penalty of $300 was imposed. The conviction for possession of the weapon for an unlawful purpose was merged with the armed robbery conviction. He was sentenced to the Youth Correctional Institute Complex for an indeterminate term, not to exceed 20 years, for the armed robbery conviction and a concurrent indeterminate term, not to exceed five years for the unlawful possession of a handgun. 2C:58-4, and possession of a handgun for unlawful purposes in violation of N.J.S.A. 2C:15-1, unlawful possession of a handgun without a permit in violation of N.J.S.A. *269 Defendant appeals from a jury conviction of armed robbery in violation of N.J.S.A. The opinion of the court was delivered by DEIGHAN, J.A.D. Stern, Deputy Attorney General, of counsel and on the brief). Kimmelman, Attorney General of New Jersey, attorney for respondent ( Patricia E. Smith, Acting Public Defender, attorney for appellant ( Bruce J. ![]() Superior Court of New Jersey, Appellate Division. 265 (1985) 498 A.2d 364 STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, ![]()
0 Comments
Leave a Reply. |