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STATE v. BRANNON

842 A.2d 148 (2004)

178 N.J. 500

STATE of New Jersey, Plaintiff-Appellant, v. Steven BRANNON, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Robert E. Bonpietro, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

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

Justice LaVECCHIA delivered the opinion of the Court.

This criminal appeal requires us to examine the requirement in N.J.S.A. 2C:29-2a (3)(a) that "physical force or violence" be used or threatened against a police officer or another in order to convict for third-degree resisting arrest. Defendant Steven Brannon claims that the use or threatened use of physical force or violence must create or threaten to create a substantial risk of causing physical injury...

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