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VOL. 2, NO. 174 DECISIONS RELEASED OCTOBER 5, 1994 COMMERCIAL TRANSACTIONS 08-2-4065 Nicola Biase v. Judith Greco v. John Tucci, et al., App. Div. (7 pp.) Where shareholders sued bank’s managers which was taken over by the RTC, trial court erred in dismissing the derivative action with prejudice, since the shareholders should have been allowed to amend the complaint to include the RTC. CRIMINAL LAW AND PROCEDURE 14-2-4066 State v. Allen Burrell, App. Div. (11 pp.) Where defendant, an adult, was convicted of aggravated manslaughter, trial court properly admitted into evidence defendant’s taped confession even after he requested that he wanted a friend or his parents’ present during questioning, since the right to have someone besides an attorney present only applies to juveniles, and defendant had voluntarily waived his right to an attorney. 14-2-4067 State v. Peter P. Cheremisinoff, App. Div. (10 pp.) Where defendant and co-defendants were convicted of receiving stolen property, trial court properly denied defendant’s request to sever his case from one co-defendant, since the defendant’s statements to the arresting officer were more incriminating than the co-defendant’s statements. 14-2-4068 State v. Horace Hawkins, Jr., App. Div. (4 pp.) Trial judge erred in suppressing defendant’s confessions about two robberies, and the matter is remanded, since the judge did not make adequate findings, under R. 1:7-4. 14-2-4069 In the Matter of the Revocation of the Firearms Purchaser Identification Card of Joseph Digesere, App. Div. (6 pp.) Where defendant, who while a probation officer, was indicted for fourth-degree possession of marijuana and two switchblade knives, and after successfully completing a pretrial intervention program the indictments were dismissed, trial judge erred in revoking the defendant’s firearms purchaser identification card, since he (1) was not prohibited from possessing the card under N.J.S.A. 2C:53-3c(1) et seq., and N.J.S.A. 2C:58-3c(5), and (2) was not convicted of the offenses.

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