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STATE v. ROVITO

99 N.J. 581 (1985)

494 A.2d 309

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. THOMAS F. ROVITO, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Boris Moczula, Deputy Attorney General, argued the cause for appellant and cross-respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Patricia K. Costello argued the cause for respondent and cross-appellant (McAlevy & Costello, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The primary issue on this appeal is whether an offer or transfer of a firearm that is made "knowingly," but not "purposely," as those terms are defined in N.J.S.A. 2C:2-2b, constitutes an unlawful disposition of the firearm under N.J.S.A. 2C:39-9d. The trial court charged the jury that a knowing disposition was sufficient, and the jury convicted the defendant...

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