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226 N.J. 209

State v. Gonzalez

Supreme Court of New Jersey

Decided June 24, 2016

Supreme Court of New Jersey · decided 2016-06-24

Relies on 444 N.J. Super. 62 - State of New Jersey v. Victor Gonzalez

Decided 2016-06-24

¶1It is ORDERED that the petition for certification is denied.

¶2The Court agrees with the Appellate Division’s conclusion that the use of “and/or” in the jury instruction in this case injected ambiguity into the charge. See State v. Gonzalez, 444 N.J.Super. 62, 75-76, 130 A.3d 1250 (App.Div.2016). The criticism of the use of “and/or” is limited to the circumstances in which it was used in this case. Id. at 71-72, 130 A.3d 1250.

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