STATE v. GORDON

No. 2000-468.

147 N.H. 576 (2002)

THE STATE OF NEW HAMPSHIRE v. ALBERT GORDON

Supreme Court of New Hampshire.

Opinion Issued: April 15, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Nicholas Cort, assistant attorney general, on the brief and orally), for the State.

Sakellarios & Associates, of Manchester (Mary A. Barker on the brief, and Jean-Claude Sakellarios, orally) for the defendant.


DUGGAN, J.

The defendant, Albert Gordon, appeals his conviction for aggravated driving of an off-highway recreational vehicle while intoxicated (OHRV-DWI). RSA 215-A:11, II(a)(1) (2000). He contends that the Trial Court (Murphy, J.) erred in: (1) concluding that aggravated OHRV-DWI is a lesser-included offense of negligent homicide; (2) amending the jury instructions to include the lesser-included offense of aggravated OHRDWI after the close of the evidence...

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