STATE v. POTTS


200 N.J. Super. 488 (1985)

491 A.2d 818

STATE OF NEW JERSEY, PLAINTIFF, v. PATRICK POTTS, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Cumberland County.

Decided February 25, 1985.


Attorney(s) appearing for the Case

Albert J. Garofolo for plaintiff (Kenneth A. Pagliughi, Cumberland County Prosecutor, attorney).

Arthur F. Sewall for defendant (Theodore H. Ritter, Public Defender, attorney).


TELSEY, P.J.Cr.

This criminal proceeding raises for the first time the question of whether the Legislature intended that all criminal homicide prosecutions for death resulting from the reckless driving of a vehicle be limited to a death by auto charge under N.J.S.A. 2C:11-5. This court holds that it did not.

The setting in which this issue arises occurred on April 3, 1984 at 8:49 p.m. Defendant, Patrick Potts, was driving a Ford sedan southbound on...

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