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STATE v. FUNDERBURG

A-29 September Term 2014, 074760

137 A.3d 441 (2016)

225 N.J. 66

STATE of New Jersey, Plaintiff-Appellant, v. Lee FUNDERBURG (a/k/a Lee E. Funderburg), Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 5, 2016.

Attorney(s) appearing for the Case

William P. Fisher , Acting Assistant Prosecutor, argued the cause for appellant ( Angelo J. Onofri , Acting Mercer County Prosecutor, attorney).

Stephen W. Kirsch , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney).

Jennifer E. Kmieciak , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( John J. Hoffman , Acting Attorney General, attorney).

This appeal presents the question of whether, in the context of a jury trial for first-degree attempted murder, a trial court erred by failing to charge the jury sua sponte on the lesser-included offense of attempted passion/provocation manslaughter.

The facts in this appeal were...

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