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STATE v. BRENT

137 N.J. 107 (1994)

644 A.2d 583

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES BRENT, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Linda A. Rinaldi, Deputy Attorney General, argued the cause for appellant (Deborah T. Poritz, Attorney General of New Jersey, attorney).

Michael B. Jones, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Acting Public Defender, attorney; Mr. Jones and Toni M. Seguin, Designated Counsel, of counsel and on the briefs).

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

In this appeal we consider whether the trial court erred in failing to instruct the jury at defendant's request on the offense of criminal restraint as a lesser-included offense of kidnapping. The jury convicted defendant of first-degree kidnapping and first-degree aggravated sexual assault. The Appellate Division reversed the kidnapping conviction, holding that the trial court had

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