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STATE v. SUNZAR

751 A.2d 627 (1999)

331 N.J. Super. 248

STATE of New Jersey, Plaintiff, v. Aziz SUNZAR, Defendant.

Superior Court of New Jersey, Law Division (Criminal), Essex County.

Decided September 17, 1999.

Attorney(s) appearing for the Case

Edward R. Bonnano, Deputy Attorney General, for the State of New Jersey.

C. Robert Sarcone, Bloomfield, for defendant.

WEISSBARD, J.S.C.

This environmental crimes prosecution requires the court to decide whether mere solicitation of criminal conduct, unaccompanied by any overt act in furtherance, rises to the level of an attempt. A review of the legislative history leads to the conclusion that such conduct is punishable under N.J.S.A. 2C:5-1, even though that result arguably places New Jersey in a "minority" position among the states that have addressed this issue.

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