State v. Williams
Decision Date | 14 July 1969 |
Citation | 255 A.2d 817,106 N.J.Super. 371 |
Parties | The STATE of New Jersey, Plaintiff-Respondent, v. James WILLIAMS, Defendant-Appellant. |
Court | New Jersey Superior Court — Appellate Division |
Miriam N. Span, Asst. Deputy Public Defender, for appellant (Stanley C. Van Ness, Public Defender, attorney).
Harold N. Springstead, Asst. Prosecutor, for respondent (Guy W. Calissi, Bergen County Prosecutor, attorney).
Before Judges GAULKIN, COLLESTER and LABRECQUE.
Defendant was convicted of murder, rape and atrocious assault and battery and he appeals.
Defendant contended that the indictments against him should have been dismissed because of the systematic exclusion of Negroes from the grand jury of Bergen County which indicted him. His brief stated that his
Consequently, we awaited the decision of the Supreme Court in Rochester. On May 19, 1969 the Supreme Court affirmed Judge Botter's decision, State v. Rochester, 54 N.J. 85, 253 A.2d 474 (1969). Accordingly, we reject this ground of appeal.
Defendant argues that his motion to suppress certain evidence should have been granted. We disagree, for the reasons stated by Judge Kole in his opinion disposing of the motion to suppress, reported in 97 N.J.Super. 573, 235 A.2d 684 (Law Div.1967).
Finally, defendant argues that 'The search and interrogation of the defendant was a critical stage of the proceedings and the defendant was therefore entitled to have an attorney present under the Sixth Amendment * * *.' Substantially the same contention was rejected by Judge Kole in said opinion, and we agree with his reasons for rejecting it. (97 N.J.Super., at pp. 600--603, 235 A.2d 684).
Affirmed.
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