The opinion of the court was delivered by STERN, J.S.C. (temporarily assigned).
Defendant was indicted for second degree aggravated arson in violation of N.J.S.A. 2C:17-1a. At the end of the case, and following denial of defendant's motion for judgment of acquittal, the trial judge indicated without request that he would submit the case to the jury on the basis of "accomplice" liability. He did so over defendant's strong objection. In his charge the judge explained...
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