STATE v. WORTHY


746 A.2d 1063 (2000)

329 N.J. Super. 109

STATE of New Jersey, Plaintiff-Respondent, v. Brian A. WORTHY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2000.


Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender of New Jersey, for defendant-appellant (Robert L. Sloan, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General of New Jersey, for plaintiff-respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).

Before Judges HAVEY, KEEFE and A.A. RODRIGUEZ.


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

Defendant was convicted by a jury of third-degree criminal restraint pursuant to N.J.S.A. 2C:13-2, which provides in pertinent part that "[a] person commits a crime of the third degree if he knowingly: a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury...." We agree with defendant that the jury instruction given here did not make clear that the requisite...

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