STATE v. CONKLIN


927 A.2d 142 (2007)

394 N.J. Super. 408

STATE of New Jersey, Plaintiff-Appellant, v. Jayson L. CONKLIN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 6, 2007.


Attorney(s) appearing for the Case

Thomas S. Ferguson, Warren County Prosecutor, for appellant (Dit Mosco, Assistant Prosecutor, of counsel and on the brief).

Thomas C. Pluciennik, for respondent.

Before Judges S.L. REISNER, SELTZER, and C.L. MINIMAN.


The opinion of the court was delivered by

MINIMAN, J.A.D.

The State appeals from the dismissal of an indictment charging defendant with terroristic threats in violation of N.J.S.A. 2C:12-3(a). The motion judge concluded that threats to kill can only be prosecuted under N.J.S.A. 2C:12-3(b). We reverse and reinstate the indictment.

The operative facts are limited at this stage of the proceedings...

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