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STATE v. MURPHY

185 N.J. Super. 72 (1982)

447 A.2d 219

STATE OF NEW JERSEY, PLAINTIFF, v. CHRIS MURPHY, DEFENDANT.

Superior Court of New Jersey, Law Division Hudson County.

Decided May 28, 1982.

Attorney(s) appearing for the Case

Barbara Johnson, Assistant Prosecutor, for plaintiff (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).

Thomas J. Kilcoyne, Assistant Deputy Public Defender, for defendant (Stanley C. Van Ness, Public Defender, attorney).

STERN, J.S.C.

This opinion formally embodies my oral reasons for denying defendant's request that I not charge "recklessness" as an alternative culpability requirement in this case in which defendant is charged with committing an aggravated assault "knowingly". The issue is significant and yet unanswered by appellate authority since enactment of the Code of Criminal Justice, N.J.S.A. 2C:1-1 et seq., which...

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