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STATE v. INGRAM

A-58/59 September Term 2007.

951 A.2d 1000 (2008)

196 N.J. 23

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Shariff INGRAM, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided July 21, 2008.

Attorney(s) appearing for the Case

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for appellant and cross-respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

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

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal presents three questions for disposition. First, we address whether, in those instances in which lesser-included offenses are already charged in the indictment, a trial court nevertheless must instruct the jury that accomplices may have a different state of mind than principals and, thus, may be liable only for the lesser-included offenses. Second, we determine whether the prosecutor misstated the...

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