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STATE v. MILLIGAN

202 N.J. Super. 336 (1985)

495 A.2d 132

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MALCOLM D. MILLIGAN, A/K/A DOUGLAS MILLIGAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Joseph A. Falcone, Passaic County Prosecutor, attorney for appellant (Steven E. Braun, Assistant Prosecutor, on the brief).

Bianchi & Casale, attorneys for respondent (Angelo R. Bianchi, on the brief).

Before Judges KING, DEIGHAN and BILDER.

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

The issue in this case is whether the existence of the death by auto statute, N.J.S.A. 2C:11-5, precludes a prosecution for manslaughter under N.J.S.A. 2C:11-4(b)(1). The charge against defendant stems from his alleged reckless and intoxicated use of a motor vehicle on May 22, 1984 in West Milford Township, Passaic County, which caused the death...

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