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STATE v. FEDERICO

103 N.J. 169 (1986)

510 A.2d 1147

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PATRICK J. FEDERICO, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 7, 1986.

Attorney(s) appearing for the Case

Linda K. Calloway, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney).

Roger A. Lowenstein argued the cause for respondent (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The critical question raised on this appeal is whether the State or the defendant must bear the burden of proof on the factor that distinguishes first- from second-degree kidnapping. That factor is whether the alleged kidnapper released the victim unharmed and in a safe place prior to apprehension. N.J.S.A. 2C:13-1c. The issue was raised for the first time at the...

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