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STATE v. DEL VECCHIO

142 N.J. Super. 359 (1976)

361 A.2d 579

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT DEL VECCHIO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Mr. Edward P. Hannigan, Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Mr. Curtis A. Morrison, Deputy Attorney General argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges HALPERN, CRANE and MICHELS.

The opinion of the court was delivered by HALPERN, P.J.A.D.

Defendant appeals from a judgment of conviction, entered on a jury verdict, for breaking and entering with intent to steal, in violation of N.J.S.A. 2A:94-1.

The narrow issue presented is whether the trial judge erred in charging the jury that voluntary intoxication is not a defense to the charge of breaking and entering with intent to steal. He charged the jury thusly:

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