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STATE v. MUNIZ

118 N.J. 319 (1990)

571 A.2d 948

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. STEPHEN J. MUNIZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 26, 1990.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Daniel A. Warshawsky, Assistant Deputy Public Defender, argued the cause for respondent (Alfred A. Slocum, Public Defender, attorney).

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

This appeal poses the question of whether, in a criminal prosecution for the third-degree crime of death by auto under the New Jersey Code of Criminal Justice, the Motor Vehicle Act offenses of reckless driving and careless driving are lesser-included offenses that should be submitted to the jury in conjunction with its determination of guilt or innocence on the death-by-auto charge. The case comes to the Court...

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