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STATE v. ALEXANDER

A-49 Sept. Term 2016 078515.

183 A.3d 903 (2018)

233 N.J. 132

STATE of New Jersey, Plaintiff-Appellant, v. Allen ALEXANDER, a/k/a Karon Keenan, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 30, 2018.

Attorney(s) appearing for the Case

Barbara A. Rosenkrans, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant (Robert D. Laurino, Essex County Prosecutor, attorney; Barbara A. Rosenkrans, of counsel and on the briefs).

Michael Confusione, argued the cause for respondent (Hegge & Confusione, attorneys; Michael Confusione, on the brief).

Sarah C. Hunt, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Christopher S. Porrino, Attorney General, attorney; Sarah C. Hunt, of counsel and on the brief).

Jaime B. Herrera, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender (Joseph E. Krakora, Public Defender, attorney; Jaime B. Herrera, of counsel and on the brief).

In this appeal, we address whether the trial court erred when it failed to instruct a jury sua sponte on aggravated assault as a lesser-included offense of robbery.

The State alleged that defendant Allen Alexander conspired with another to rob Ernesto Espinal at Gateway Center in Newark...

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