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STATE v. MELLO

297 N.J. Super. 452 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEFFREY J. MELLO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 1997.

Attorney(s) appearing for the Case

Robert T. Norton, argued the cause for appellant.

Robert W. Gluck, Middlesex County Prosecutor, attorney for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel, Gerard C. Vince, III, Legal Assistant, on the brief).

Before Judges BAIME and BRAITHWAITE.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal presents troublesome issues pertaining to N.J.S.A. 2C:39-4(a). That statute provides that any person who possesses a firearm with the purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. At issue is whether an indictment that recites the statutory language, but does not specify the unlawful purpose the accused

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