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STATE v. MOORE

750 A.2d 171 (2000)

330 N.J. Super. 535

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

Superior Court of New Jersey, Appellate Division.

Decided May 9, 2000.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (Lynn J. Hershkovits, Designated Counsel, of counsel and on the brief).

Donald Campolo, Acting Essex County Prosecutor, for plaintiff-respondent (Robert I. Cerefice, Assistant Prosecutor, of counsel and on the brief).

Before Judges WALLACE, Jr., and LESEMANN.

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

This appeal raises two significant issues, one relating to an alleged overcharging of the jury respecting receipt of a stolen automobile (N.J.S.A. 2C:20-7) and the lesser offense of "joyriding" (N.J.S.A. 2C:20-10); and the other dealing with the elements of proof necessary to convict under either of those statutes. We conclude that although defendant was indicted for the more serious offense...

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