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STATE v. GREY

147 N.J. 4 (1996)

685 A.2d 923

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROOSEVELT GREY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued September 25, 1996.

Decided December 11, 1996.

Attorney(s) appearing for the Case

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

Marcy H. Geraci, Deputy Attorney General, argued the cause for respondent (Peter G. Verniero, Attorney General of New Jersey, attorney).

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

Defendant has been convicted of second-degree conspiracy to commit aggravated arson. N.J.S.A. 2C:5-2; N.J.S.A. 2C:17-1a. The question is whether he may be convicted of felony murder even though acquitted of the underlying felony of aggravated arson. We find that unusual circumstances in the sequence and delivery of the instructions to the jury led the jury to predicate its conviction of felony murder...

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