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STATE v. PETRUCCI

839 A.2d 903 (2004)

365 N.J. Super. 454

STATE of New Jersey, Plaintiff-Respondent, v. Anthony PETRUCCI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2001.

Remanded April 28, 2003.

Reargued October 21, 2003.

Decided January 5, 2004.

Attorney(s) appearing for the Case

Robin Kay Lord, Trenton, argued the cause for appellant.

Jeanne Screen, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Ms. Screen, of counsel and on the brief).

Before Judges SKILLMAN, COBURN and WELLS.

Remanded by Supreme Court April 28, 2003.

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

This appeal is before us for the second time. In our first opinion, we held that the definition of "assault firearm" in the assault firearms statute, which requires imposition of a ten-year parole ineligibility period upon a defendant convicted of possession of an "assault firearm with the intent to use it against the person of another[,]" N.J.S.A.

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