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STATE v. WILDER

939 A.2d 781 (2008)

193 N.J. 398

STATE of New Jersey, Plaintiff-Appellant, v. David L. WILDER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 31, 2008.

Attorney(s) appearing for the Case

Steven J. Brizek, Senior Assistant Prosecutor, argued the cause for appellant (James F. Avigliano, Passaic County Prosecutor, attorney).

Amira R. Scurato, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Robert E. Bonpietro, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Justice LaVECCHIA delivered the opinion for the Court.

In a senseless act of savagery, defendant David Wilder stomped to death a helpless young man. The Appellate Division determined that the trial court committed plain error in including first-degree murder among the array of charges against defendant that were sent to the jury. Notwithstanding that the jury acquitted defendant of murder, the appellate panel reversed defendant's conviction on the lesser-included...

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