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STATE v. BREAKIRON

210 N.J. Super. 442 (1986)

510 A.2d 80

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT A. BREAKIRON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1986.

Attorney(s) appearing for the Case

Richard John Baldi, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney; Blanca Rodriguez Cruz, Assistant Deputy Public Defender, of counsel and on the brief).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Carol M. Henderson, of counsel and on the brief).

Before Judges FRITZ, BRODY and BAIME.

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

Defendant strangled Theresa Caizza with a knotted towel for several minutes until she died from asphyxia, a lack of oxygen in her body tissues. The couple had been living together for four months and were about to be married. A jury rejected defendant's insanity defense and found him guilty of purposeful or knowing murder (N.J.S.A. 2C:11-3(a)(1) or (2)) and other crimes related to his flight: second-degree...

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