State v. DiModica

The opinion of the court was delivered by

Phoctok, J.

The defendant was found guilty by a jury of the crime of- robbery while armed. The Appellate Division affirmed his conviction. State v. DiModica, 73 N. J. Super. 1 (App. Div. 1962). We granted the defendant’s petition for certification. 38 N. J. 360 (1962).

The facts of the robbery are not in dispute except with respect to the identity of the robber. On the night of September 6, 1958, after closing hours, Donald Griffith, Anthony Belenski and Melvin Byers, employees of the Good Deal Supermarket in West Orange, were inside the store’s…