STATE v. BLANKS


712 A.2d 698 (1998)

313 N.J. Super. 55

STATE of New Jersey, Plaintiff-Respondent, v. Benjamin BLANKS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 1998.


Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Kirsch, of counsel and on the brief).

Bennett A. Barlyn, Deputy Attorney General, for plaintiff-respondent (Peter Verniero, Attorney General, attorney; Mr. Barlyn, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges KING, KESTIN and CUFF.


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

This appeal requires us to determine whether a defendant must admit using a weapon to intentionally kill the aggressor in the act of defending himself in order to be entitled to a self-defense instruction. We hold that, under the circumstances of this case, defendant was entitled to a self-defense charge even though he did not admit using his handgun in self-defense and intentionally killing the aggressor. Because...

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