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STATE v. MOORE

817 A.2d 419 (2003)

358 N.J. Super. 241

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

Superior Court of New Jersey, Appellate Division.

Decided March 12, 2003.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Alyssa Aiello, Assistant Deputy Public Defender, of counsel and on the brief).

Peter C. Harvey, Acting Attorney General, attorney for respondent (Steven J. Zweig, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, LISA and FUENTES.

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

This appeal requires us to determine whether eluding an officer, N.J.S.A. 2C:29-2b, is elevated from a third-degree to second-degree crime where the defendant's unlawful conduct creates a risk of death or injury to himself, but to no one else. We hold it does not.

After a trial by jury, defendant was convicted of second-degree eluding and sentenced to seven...

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