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STATE v. SMITH

A-93 September Term 2007

963 A.2d 281 (2009)

197 N.J. 325

STATE of New Jersey, Plaintiff-Respondent, v. Jama SMITH, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 27, 2009.

Attorney(s) appearing for the Case

Diane Toscano, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

This appeal raises the question whether a defendant must know that a weapon is defaced to be convicted of the offense of possession of a defaced weapon, contrary to N.J.S.A. 2C:39-3(d).

In October 2002, defendant Jama Smith was observed in the City of Paterson participating in a drug transaction, which led ultimately to his conviction for possession of a...

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