A-45 September Term 2012, 071497

98 A.3d 533 (2014)

219 N.J. 251

STATE of New Jersey, Plaintiff-Respondent, v. Kirby LENIHAN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 18, 2014.

Attorney(s) appearing for the Case

Gary A. Kraemer , Sparta, argued the cause for appellant (Daggett, Kraemer, Kovach & Gjelsvik, attorneys).

Gregory R. Mueller , First Assistant Prosecutor, argued the cause for respondent ( David J. Weaver , Sussex County Prosecutor, attorney).

Kenneth A. Burden , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( John J. Hoffman , Acting Attorney General, attorney).

Judge RODRÍGUEZ (temporarily assigned) delivered the opinion of the court.

Pursuant to N.J.S.A. 2C:40-18b, it is a third-degree crime when a person "knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes serious bodily injury." The issue in this case is whether N.J.S...


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