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61 STATE OF NEW JERSEY v. JASON A. DOTTS, III -- rank: 620

... for a verdict convicting the defendant of the included offense.' N.J.S.A. 2C:1-8(e). An offense is an included offense when: (1) It ... a lesser kind of culpability suffices to establish its commission. [N.J.S.A. 2C:1-8(d).] A trial court should deliver a lesser-included offense ... demonstrating that the defendant used force or threatened bodily harm, N.J.S.A. 2C:1-8(d)(3); N.J.S.A. 2C:15-1(a ... rel. A.D., 212 N.J. 200, 222 (2012) (citing N.J.S.A. 2C:1-8(d)(2)). The difference between conspiracy to commit robbery, a ...

docket:	a4830-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-01
status:	Unpublished
citation:
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62 STATE OF NEW JERSEY v. CHRISTOPHER R. SMALL -- rank: 620

... also State v. Denofa, 187 N.J. 24, 42 (2006); N.J.S.A. 2C:1-8(e). The 'clearly indicated' standard does not require trial courts ...

docket:	a2255-19
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:	Unpublished
citation:
Document Size:	110991

63 /usr/local/share/www/libweb/collections/courts/appellate/a1819-19.opn.html -- rank: 616

... addressed the merger issues raised by defendant, and explained that: N.J.S.A. 2C:1-8, provides, in pertinent part, that, '[w]hen the same conduct ... Romero, 191 N.J. at 80. Merger is addressed in N.J.S.A. 2C:1-8, which is based on the concept that ''an accused [who ... for conduct that constitutes more than one offense. In particular, N.J.S.A. 2C:1-8(d) requires merger when one offense is established by proof ...

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64 STATE OF NEW JERSEY v. KARLTON L. BAILEY -- rank: 616

... State v. Maloney , 216 N.J. 91 , 107 (2013) (quoting N.J.S.A. 2C:1-8(e)). "'[W]hether an included offense charge is appropriate requires ... satisfy the definition of an included offense set forth in N.J.S.A. 2C:1-8(d) , and (2) that there be a rational basis in ... a handgun, were lesser-included offenses of the charged crimes. N.J.S.A. 2C:1-8(d) provides: A defendant may be convicted of an offense ... five because it does not satisfy the definition contained in N.J.S.A. 2C:1-8(d)(3). Perhaps under the facts of this case, possession ...

docket:	a2298-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-14
status:	unpublished
citation:
Document Size:	53681

65 STATE OF NEW JERSEY v. LEE E. MOORER -- rank: 616

... included offense of possession of a CDS, we look to N.J.S.A. 2C:1-8(d), which "governs lesser-included offenses." State v. Maloney , 216 N.J. 91 , 106 (2013). N.J.S.A. 2C:1-8(d) provides: A defendant may be convicted of an offense ... kind of culpability suffices to establish its commission. In addition, N.J.S.A. 2C:1-8(e) provides: "The court shall not charge the jury with ... for a verdict convicting the defendant of the included offense." [ N.J.S.A. 2C:1-8(e)] has been characterized and construed as requiring not only ... 2C:35-10(a) under any of the subsections of N.J.S.A. 2C:1-8(d). Subsection (d)(1) does not apply because N.J ...

docket:	a2922-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-29
status:	published
citation:	448 N.J.Super. 94 151 A.3d 109
Document Size:	53713

66 STATE OF NEW JERSEY v. JERRY M. REYES -- rank: 616

... State v. Erazo, 126 N.J. 112, 125 (1991) (quoting N.J.S.A. 2C:1-8(e)) (finding the standard to be 'whether the evidence provided ...

docket:	a1340-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-13
status:	Unpublished
citation:
Document Size:	76836

67 STATE OF NEW JERSEY v. KORY S. MCCLARY -- rank: 616

... a lesser kind of culpability suffices to establish its commission. [ N.J.S.A. 2C:1-8(d).] 11 "A cross-racial identification occurs when an eyewitness ...

docket:	a5197-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-19
status:	unpublished
citation:
Document Size:	92456

68 STATE OF NEW JERSEY v. NORVIL PETERSON -- rank: 613

... II THE SENTENCE VIOLATES DOUBLE JEOPARDY AND IS ILLEGAL UNDER N.J.S.A. 2C:1-8 BECAUSE CONSECUTIVE SENTENCES WERE IMPOSED FOR OFFENSES WHICH SHOULD HAVE ... sentence was illegal because certain mergers were required pursuant to N.J.S.A. 2C:1-8; the judge applied an incorrect standard in determining whether to ... v. Miller , 108 N.J. 112 , 116 (1987)). Pursuant to N.J.S.A. 2C:1-8(a)(1), a defendant may not be convicted of more ... facts required to establish the commission of the" other offense. N.J.S.A. 2C:1-8(d)(1). However, our Court has eschewed this "mechanical" test ... See Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:1-8 (2011) ("[W]here the completed offense was the sole criminal ...

docket:	a0060-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-12
status:	unpublished
citation:
Document Size:	53402

69 STATE OF NEW JERSEY v. DAVON COOPER -- rank: 606

... in State v. Garcia, the doctrine of merger codified in N.J.S.A. 2C:1-8(a) does not apply here because unlawful possession of a ...

docket:	a2695-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-07
status:	Unpublished
citation:
Document Size:	41295

70 STATE OF NEW JERSEY v. TROY J. WASHINGTON -- rank: 606

... satisfy the definition of an included offense set forth in N.J.S.A. 2C:1-8(d), and (2) that there be a rational basis in ... offense." Thomas , supra , 187 N.J. at 131. Pursuant to N.J.S.A. 2C:1-8(d), a lesser-included offense occurs when: (1) It is ... required to establish the commission" of robbery as required by N.J.S.A. 2C:1-8(d)(1) to be considered a lesser-included offense. These ... the requested charge is an included offense set forth in N.J.S.A. 2C:1-8(d), we need not address the second prong that there ...

docket:	a1818-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	37581

71 STATE OF NEW JERSEY v. DUSTIN A. WILBORN -- rank: 604

... State v. Diaz , 144 N.J. 628 , 637 (1996)). Additionally, N.J.S.A. 2C:1-8 sets forth a series of factors that help a court ... for conduct that constitutes more than one offense. In particular, N.J.S.A. 2C:1-8(d) calls for merger when one offense is established by ... merge." Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:1-8(a)(1) (2015-16); see also Mirault , supra , 92 N ... be corrected at any time." Cannel, supra , comment 10 on N.J.S.A. 2C:1-8 (citing Romero , supra , 191 N.J. at 80). As an ...

docket:	a4971-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	66694

72 /usr/local/share/www/libweb/collections/courts/appellate/a1903-20.opn.html -- rank: 602

... elements of the offenses must be considered in light of N.J.S.A. 2C:1-8(a)(4), which defines when conduct constitutes more than one ...

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73 STATE OF NEW JERSEY v. TIMOTHY T. KNIGHT -- rank: 599

... lesser culpability.' Robinson, 136 N.J. at 482; see also N.J.S.A. 2C:1-8(d)(3). 'Passion/provocation manslaughter exists to mitigate the penalties ...

docket:	a5797-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-07
status:	Unpublished
citation:
Document Size:	40621

74 /usr/local/share/www/libweb/collections/courts/appellate/a5709-18.opn.html -- rank: 599

... In his April 8, 2019 oral decision, the judge reviewed N.J.S.A. 2C:1- 8(e), stating, 'The [c]ourt shall not charge the jury ... the jury on a lesser-included offense is governed by N.J.S.A. 2C:1-8(e), which provides that '[t]he court shall not 8 ... subsection (b) is a lesser-included offense as defined by N.J.S.A. 2C:1-8(d), and assuming that the evidence supported a conviction for ...

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75 /usr/local/share/www/libweb/collections/courts/appellate/a5004-16.opn.html -- rank: 597

... in N.J.S.A. 2C:13-2(a)(7). N.J.S.A. 2C:1-8(d) provides that an offense is a lesser-included offense ...

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