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STATE v. SEIN

232 N.J. Super. 300 (1989)

556 A.2d 1298

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANCISCO SEIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1989.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (William E. Norris, Designated Counsel, of counsel and on the brief).

Cary Edwards, Attorney General, attorney for respondent (Annmarie Cozzi, Deputy Attorney General, of counsel and on the letter brief).

Before Judges GAULKIN, BILDER and R.S. COHEN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

The question is whether a surprise purse snatching not accompanied by injury, threats, struggle or attempted resistance is a robbery (N.J.S.A. 2C:15-1) or a theft from the person (N.J.S.A. 2C:20-3). Defendant was convicted of robbery. He argues on appeal that he was at most guilty of theft, a lesser offense which was also submitted to the jury. In addition, he argues that the court's instructions...

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