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Conviction in NJ for Unlawful Possession of a Weapon Reversed

05
Oct
2010

by in Criminal Defense

tate v. Arthur Tiggs, unpublished opinion, App. Div. Docket No. A-2440-07T4 (July 13, 2010) – Conviction for unlawful possession of a handgun reversed, other convictions and sentence affirmed. “The jury was instructed on the elements of fourth-degree possession of a weapon under circumstances manifestly inappropriate to its lawful use. N.J.S.A. 2C:39-5d. The jurors were not given an instruction on the third-degree crime of possession of a handgun without having obtained a permit to carry. N.J.S.A. 2C:39-5b. Recognizing the magnitude of the error and its responsibility to see that convictions are obtained in a manner consistent with a defendant’s right to a jury trial, … , the State acknowledges that defendant’s conviction for unlawful possession of a weapon must be vacated. That conviction is reversed.”

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