VILLANUEVA, J.S.C.
The novel issue presented is: when may third degree aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1(b)(2)) be submitted to a jury as a lesser offense when a defendant is indicted only for second degree aggravated assault. (N.J.S.A. 2C:12-1(b)(1)).
The court holds that such third degree offense is not a lesser included offense and cannot be submitted to a jury without defendant's consent.
Defendant is charged...
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