STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
STEPHEN J. MUNIZ, DEFENDANT-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued January 26, 1988.
Decided June 20, 1988.
Supplemental Opinion on Motion for Reconsideration June 30, 1988.
Decided September 13, 1988.
Attorney(s) appearing for the Case
Kenneth G. Goodman, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Kenneth G. Goodman, of counsel and on the brief).
Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John A. Kaye, Monmouth County Prosecutor, attorney; Mark P. Stalford, of counsel and on the brief, and on the motion for reconsideration, W. Cary Edwards, Attorney General, substituted as attorney for respondent (Larry R. Etzweiler, Deputy Attorney General, of counsel and on the brief).
Before Judges PRESSLER, MUIR, Jr. and SKILLMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by SKILLMAN, J.A.D.
The primary issue on this appeal is whether the motor vehicle offenses of reckless driving, N.J.S.A. 39:4-96, and careless driving, N.J.S.A. 39:4-97, must be submitted to the jury as lesser included offenses in a trial for death by auto under N.J.S.A. 2C:11-5a. We conclude that these motor vehicle offenses are lesser included offenses of...
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