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STATE v. BUTLER

89 N.J. 220 (1982)

445 A.2d 399

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. IRBY BUTLER, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney).

Daniel Louis Grossman, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by HANDLER, J.

This case presents the question whether a defendant can be convicted of first degree robbery under the New Jersey Code of Criminal Justice if he committed the offense by pretending to be carrying a handgun when, in fact, he was unarmed. The Code makes robbery a crime of the second degree, "except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone or...

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