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STATE v. WALKER

A-40 September Term 2009.

999 A.2d 450 (2010)

203 N.J. 73

STATE of New Jersey, Plaintiff-Respondent, v. Shem WALKER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

LeeAnn Cunningham, Special Deputy Attorney General/Assistant Prosecutor, argued the cause for respondent (Robert D. Laurino, Acting Essex County Prosecutor, attorney; Ms. Cunningham and Hilary L. Brunell, Special Deputy Attorney General/Executive Assistant Prosecutor, on the briefs).

Natalie A. Schmid-Drummond, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice WALLACE, JR., delivered the opinion of the Court.

This case implicates the four-prong statutory affirmative defense to felony murder, as set forth in N.J.S.A. 2C:11-3(a)(3)(a)-(d). Defendant Shem Walker was tried separately from codefendant Carl Trupaire on various charges arising out of the death of the victim, Albert Whitley. At trial, defendant presented evidence to show that he struck the victim once; did not know Trupaire had a weapon; watched...

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