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STATE v. MIRAULT

92 N.J. 492 (1983)

457 A.2d 455

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID M. MIRAULT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 17, 1983.

Attorney(s) appearing for the Case

Matthew Astore, Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Katherine A. Smith, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

The central issue here is whether using force or inflicting bodily injury on a police officer investigating a burglary constitutes the assault "upon another" that elevates theft to robbery under N.J.S.A. 2C:15-1. We hold that it does and affirm the judgment below in that respect but modify it with respect to merger of one count of the indictment.

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