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STATE v. CURTIS

195 N.J. Super. 354 (1984)

479 A.2d 425

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. BRUCE CURTIS, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 18, 1984.

Attorney(s) appearing for the Case

Michael D. Schottland argued the cause for appellant-cross-respondent (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys; Michael D. Schottland and Charles J. Uliano, on the brief).

Paul F. Chaiet, First Assistant Prosecutor, argued for respondent-cross-appellant (John A. Kaye, Prosecutor of Monmouth County, attorney; Paul F. Chaiet, of counsel, and on the brief).

Arlene R. Weiss, Deputy Attorney General, argued the constitutionality of N.J.S.A. 2C:11-4 (Irwin I. Kimmelman, Attorney General of New Jersey, Amicus Curiae, attorney; Arlene R. Weiss, of counsel; Arlene R. Weiss and Jane A. Grall, Deputy Attorneys General, on the brief).

Before Judges MATTHEWS, J.H. COLEMAN and GAULKIN.

The opinion of the court was delivered by COLEMAN, J.H., J.A.D.

This appeal requires us to decide what if any difference exists between aggravated manslaughter and reckless manslaughter. Defendant was tried to a jury for the murder of Rosemary Podgis, contrary to N.J.S.A. 2C:11-3, and theft of a van, contrary to N.J.S.A. 2C:20-3a. The jury was instructed on reckless manslaughter and aggravated manslaughter as lesser included offenses of the murder. He...

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