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STATE v. CLARKE

198 N.J. Super. 219 (1985)

486 A.2d 935

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DEREK CLARKE, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GLENN FREEMAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, attorney for appellant Derek Clarke (Joseph G. Czarnecki, Designated Counsel, on the brief).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant Glenn Freeman (Joseph H. Rodriguez, Public Defender, attorney; Daniel V. Gautieri of counsel and on the brief).

Ulrike M. Ziebarth, Assistant Bergen County Prosecutor, argued the cause for respondent in Docket No. A-4690-81T4 (Larry J. McClure, Bergen County Prosecutor, attorney for respondent in both actions; Ulrike M. Ziebarth of counsel and on the brief in both actions).

Before Judges PRESSLER, BRODY and HAVEY.

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

A jury found appellants and a co-defendant guilty of attempted burglary. We consolidated their separate appeals and now reverse the convictions and remand for a new trial because the trial judge erred in refusing to allow the jury to consider whether appellants committed the crime of criminal mischief. Two additional points raised by appellants will require attention; the rest are rendered moot by our remand...

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