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STATE v. LEE

96 N.J. 156 (1984)

475 A.2d 31

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RONALD LEE, A/K/A JOHN DAVIS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 7, 1984.

Attorney(s) appearing for the Case

Judith L. Borman, Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Mark Paul Cronin, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Mark Paul Cronin, Victoria Curtis Bramson and Catherine A. Foddai, Deputy Attorneys General, of counsel; Victoria Curtis Bramson and Catherine A. Foddai, on the brief).

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

In this case, we must determine the constitutionality of N.J.S.A. 2C:39-5 d, which states that a person who knowingly possesses a weapon other than certain firearms "under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree."

A majority in the Appellate Division found an explicit charge on defendant's intent unnecessary "as long as...

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