STATE v. PELHAM


824 A.2d 1082 (2003)

176 N.J. 448

STATE of New Jersey, Plaintiff-Appellant, v. Sonney PELHAM, a/k/a Zeke, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 19, 2003.


Attorney(s) appearing for the Case

Mark Paul Cronin, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Acting Attorney General of New Jersey, attorney; Lisa Sarnoff Gochman, Deputy Attorney General, of counsel and on the briefs).

Susan Brody, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).


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

This criminal appeal focuses on a disputed jury instruction involving the subject of causation. Defendant was convicted of second-degree death by auto, in contravention of N.J.S.A. 2C:11-5. At trial, the court instructed the jury that a car-accident victim's voluntary removal from a respirator was legally insufficient as an independent intervening cause and thus incapable of breaking the chain of causality...

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