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STATE v. LOPEZ

900 A.2d 779 (2006)

187 N.J. 91

STATE of New Jersey, Plaintiff-Appellant, v. Jose A. LOPEZ, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 1, 2006.

Attorney(s) appearing for the Case

Joseph P. Connor, Jr., Assistant Prosecutor, argued the cause for appellant (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).

Alison S. Perrone, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Ms. Perrone and William P. Welaj, Designated Counsel, on the briefs).

Justice LONG delivered the opinion of the Court.

The primary issue on this appeal is whether N.J.S.A. 2C:15-1(a) encompasses so-called "afterthought" robbery—the situation in which a defendant does not formulate the intent to steal until after force is used. Like the Appellate Division, we have concluded that N.J.S.A. 2C:15-1(a) does not encompass afterthought robbery.

I

On March 17, 2002, Luis Rendon was found dead in the Rockaway...

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