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STATE v. LENIHAN

A-45 September Term 2012, 071497

98 A.3d 533 (2014)

219 N.J. 251

STATE of New Jersey, Plaintiff-Respondent, v. Kirby LENIHAN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 18, 2014.

Attorney(s) appearing for the Case

Gary A. Kraemer, Sparta, argued the cause for appellant (Daggett, Kraemer, Kovach & Gjelsvik, attorneys).

Gregory R. Mueller, First Assistant Prosecutor, argued the cause for respondent (David J. Weaver, Sussex County Prosecutor, attorney).

Kenneth A. Burden, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Hoffman, Acting Attorney General, attorney).

Judge RODRÍGUEZ (temporarily assigned) delivered the opinion of the court.

Pursuant to N.J.S.A. 2C:40-18b, it is a third-degree crime when a person "knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes serious bodily injury." The issue in this case is whether N.J.S...

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