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STATE v. DUNBRACK

A-27 September Term 2019 083008.

246 A.3d 1267 (2021)

245 N.J. 531

STATE of New Jersey, Plaintiff-Appellant, v. Andrea K. DUNBRACK, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Gabriel Rodriguez, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 22, 2021.

Attorney(s) appearing for the Case

Narline Casimir , Assistant Prosecutor, argued the cause for appellant ( Angelo J. Onofri , Mercer County Prosecutor, attorney; Laura Sunyak , Assistant Prosecutor, of counsel and on the briefs).

Peter T. Blum , Assistant Deputy Public Defender, argued the cause for respondent Gabriel Rodriguez ( Joseph E. Krakora , Public Defender, attorney; Peter T. Blum , of counsel and on the briefs).

Robin Kay Lord , Trenton, argued the cause for the respondent Andrea K. Dunbrack (The Law Offices of Robin Kay Lord, attorneys; Robin Kay Lord , on the briefs).

Lauren Bonfiglio , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Lauren Bonfiglio , of counsel and on the brief).

In this case, we are asked to determine whether the trial court erred in not including theft as a lesser included offense to robbery in its instructions to the jury. Defendants Gabriel Rodriguez and Andrea Dunbrack were charged with robbery, among other offenses. Although defense counsel briefly...

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