STATE v. MOORE


729 A.2d 1021 (1999)

STATE of New Jersey, Plaintiff-Appellant, v. Hussan MOORE, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 2, 1999.


Attorney(s) appearing for the Case

Gary A. Thomas, Assistant Prosecutor, for plaintiff-appellant (Patricia A. Hurt, Essex County Prosecutor, attorney).

Paul B. Halligan, Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).

Robert E. Bonpietro, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).


The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this second-degree aggravated assault case is whether the jury should have been instructed on non-deadly force self-defense or deadly force self-defense. The trial court declined to submit either instruction to the jury. The Appellate Division reversed, finding that defendant was entitled to a non-deadly force self-defense instruction.

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