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STATE v. ALEXANDER

A-49 Sept. Term 2016 078515.

183 A.3d 903 (2018)

233 N.J. 132

STATE of New Jersey, Plaintiff-Appellant, v. Allen ALEXANDER, a/k/a Karon Keenan, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 30, 2018.

Attorney(s) appearing for the Case

Barbara A. Rosenkrans , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant ( Robert D. Laurino , Essex County Prosecutor, attorney; Barbara A. Rosenkrans, of counsel and on the briefs).

Michael Confusione , argued the cause for respondent (Hegge & Confusione, attorneys; Michael Confusione, on the brief).

Sarah C. Hunt , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Christopher S. Porrino , Attorney General, attorney; Sarah C. Hunt, of counsel and on the brief).

Jaime B. Herrera , Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender ( Joseph E. Krakora , Public Defender, attorney; Jaime B. Herrera, of counsel and on the brief).

In this appeal, we address whether the trial court erred when it failed to instruct a jury sua sponte on aggravated assault as a lesser-included offense of robbery.

The State alleged that defendant Allen Alexander conspired with another to rob Ernesto Espinal at Gateway Center in Newark...

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