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STATE v. PENA

839 A.2d 870 (2004)

178 N.J. 297

STATE of New Jersey, Plaintiff-Respondent, v. Jose PENA, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 26, 2004.

Attorney(s) appearing for the Case

Lon C. Taylor, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Janet Flanagan, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

This appeal concerns application of the "incomplete" mistake-of-fact defense available pursuant to N.J.S.A. 2C:2-4b. Defendant Jose Pena was charged with possession of cocaine and possession of cocaine with intent to distribute. His defense was that he believed the suitcase he was transporting contained stolen fur coats, not cocaine. Defendant requested that the jury be charged on his mistake-of-fact defense...

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