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STATE v. STASIO

78 N.J. 467 (1979)

396 A.2d 1129

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THOMAS STASIO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Ms. Ileana N. Saros, Deputy Attorney General, argued the cause for appellant (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Susan W. Sciacca, Deputy Attorney General, of counsel and on the briefs).

Mr. Arnold Lakind, Designated Counsel, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).

The opinion of the court was delivered by SCHREIBER, J.

The major issue on this appeal is whether voluntary intoxication constitutes a defense to a crime, one element of which is the defendant's intent. Defendant Stasio was found guilty by a jury of assault with intent to rob, in violation of N.J.S.A. 2A:90-2, and of assault while being armed with a dangerous knife, contrary to N.J.S.A. 2A:151-5. The trial court sentenced the defendant to three to five...

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