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STATE v. BUTLER

178 N.J. Super. 205 (1981)

428 A.2d 559

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. IRBY BUTLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender of New Jersey, for appellant (Andrea R. Grundfest, Assistant Deputy Public Defender, of counsel).

John J. Degnan, Attorney General of New Jersey, for respondent (Daniel Louis Grossman, Deputy Attorney General, of counsel and on the brief).

Before Judges BOTTER, KING and McELROY.

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

This case presents the issue of whether the simulated use of a handgun during a robbery is a crime of the first or second degree under the Code of Criminal Justice, effective September 1, 1979. The pertinent statute states:

Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone or purposely inflicts...

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