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STATE v. SETTE

259 N.J. Super. 156 (1992)

611 A.2d 1129

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARK SETTE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 1992.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender of New Jersey, attorney; Stephen W. Kirsch, on the brief).

Arthur S. Safir, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Arthur S. Safir, on the brief).

Before Judges KING, GRUCCIO and BROCHIN.

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

Defendant killed an apartment roommate, stabbed another and tried to stab several neighbors. At trial he asserted the affirmative defenses of involuntary and pathological intoxication. He claimed that he was prevented from knowing the nature and quality of his conduct by a combination of cocaine, marijuana and Co-Tylenol, which he voluntarily ingested, and by a buildup of toxic pesticides in his body acquired...

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