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STATE v. CRUZ

749 A.2d 832 (2000)

163 N.J. 403

STATE of New Jersey, Plaintiff-Appellant, v. Luis A. CRUZ, Jr., Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 8, 2000.

Attorney(s) appearing for the Case

Catherine A. Foddai, Deputy Attorney General, for plaintiff-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Ms. Foddai and Linda A. Rinaldi, Deputy Attorney General, of counsel and on the briefs).

James K. Smith, Jr., Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).

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

This capital murder case, on interlocutory appeal, requires the Court to establish the appropriate jury instruction for serious bodily injury (SBI) capital murder. We also consider the state-of-mind requirement for SBI murder and whether the Code of Criminal Justice, N.J.S.A. 2C:1-1 to 104-9 (Code), contemplates prosecutions for both capital and non-capital SBI murder.

SBI murder is the purposeful...

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