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STATE v. LEFURGE

101 N.J. 404 (1986)

502 A.2d 35

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THOMAS LEFURGE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 9, 1986.

Attorney(s) appearing for the Case

William C. Whitehouse, Assistant Prosecutor, argued the cause for appellant (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).

Peter B. Meadow, Assistant Deputy Public Defender, argued the cause for respondent (Thomas S. Smith, Jr., Acting Public Defender, attorney).

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

The critical issue in this case is the constitutionality of N.J.S.A. 2C:1-8(d)(2), which provides that a defendant may be convicted of a conspiracy to commit a substantive offense even though the crime of conspiracy was not charged in the indictment.1 Defendant was indicted for theft. Pursuant to N.J.S.A. 2C:1-8(d)(2), the trial...

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