LONG, J.S.C.
The question presented is a novel one requiring interpretation of the assault provisions of N.J.S.A. 2C:12-1 et seq.: Can an individual who points an unloaded gun at a victim be convicted of aggravated assault pursuant to N.J.S.A. 2C:12-1(b)(4) or is he only exposed to a simple assault conviction under N.J.S.A. 2C:12-1(a)(3)?
The case arose as follows: Defendant, Fernando Diaz, was indicted by the Union County grand...
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