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STATE v. FUNDERBURG

A-29 September Term 2014, 074760

137 A.3d 441 (2016)

225 N.J. 66

STATE of New Jersey, Plaintiff-Appellant, v. Lee FUNDERBURG (a/k/a Lee E. Funderburg), Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 5, 2016.

Attorney(s) appearing for the Case

William P. Fisher, Acting Assistant Prosecutor, argued the cause for appellant (Angelo J. Onofri, Acting Mercer County Prosecutor, attorney).

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney).

Jennifer E. Kmieciak, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Hoffman, Acting Attorney General, attorney).

This appeal presents the question of whether, in the context of a jury trial for first-degree attempted murder, a trial court erred by failing to charge the jury sua sponte on the lesser-included offense of attempted passion/provocation manslaughter.

The facts in this appeal were...

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