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STATE v. PETTIES

139 N.J. 310 (1995)

654 A.2d 979

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD A. PETTIES, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 20, 1995.

Attorney(s) appearing for the Case

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for appellant (Robert W. Gluck, Middlesex County Prosecutor, attorney).

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

This case presents the other side of the coin seen in State v. Harmon, 104 N.J. 189, 516 A.2d 1047 (1986). A jury acquitted Harmon of aggravated assault for pointing a firearm at another but convicted him of possession of the weapon for an unlawful purpose. He appealed, claiming that he had been denied the right to show the jury that he had...

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