STATE v. WHITAKER

No. A-67 September Term 2008

983 A.2d 181 (2009)

200 N.J. 444

STATE of New Jersey, Plaintiff-Appellant, v. Quadir WHITAKER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 7, 2009.


Attorney(s) appearing for the Case

Carey J. Huff, Assistant Prosecutor, argued the cause for appellant (Luis A. Valentin, Monmouth County Prosecutor, attorney; Mary R. Juliano, Assistant Prosecutor, on the brief).

Kevin G. Byrnes, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Robert E. Bonpietro, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney; Mr. Bonpietro and Frank J. Ducort, Deputy Attorney General, on the brief).


Justice ALBIN delivered the opinion of the Court.

Defendant Quadir Whitaker was convicted of robbery and felony murder based on accomplice liability. The issue before the jury was whether defendant aided and abetted Greg Davis in the robbery and shooting death of the victim. In summation, the prosecutor told the jury that it could convict defendant as an accomplice to robbery and felony murder, regardless of whether defendant...

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