STATE v. THOMAS


900 A.2d 797 (2006)

187 N.J. 119

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Charles S. THOMAS, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided June 28, 2006.


Attorney(s) appearing for the Case

Karen L. Fiorelli, Deputy Attorney General, argued the cause for appellant and cross-respondent (Zulima V. Farber, Attorney General of New Jersey, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Yvonne Smith Segars, Public Defender, attorney).

Charles S. Thomas, submitted a supplemental brief, pro se.


Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal requires that we address two separate issues. First, we must consider whether, in the absence of a request by either the prosecution or the defense, the trial court erred in not charging the crime of hindering apprehension as an included or related offense of robbery. Second, we must also consider whether the trial court committed plain error when it failed to instruct the jury that, in order to sustain...

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