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96 N.J. 170

475 A.2d 38

State v. Wright

Supreme Court of New Jersey

Decided May 7, 1984

Supreme Court of New Jersey · decided 1984-05-07

Key passage — most relied on by later courts

“The third essential element is that the defendant had possession of the weapon under circumstances not manifestly appropriate for such lawful uses as it may have. The State has the burden of proving beyond a reasonable doubt that the defendant's possession of the [paintball gun] was under circumstances not manifestly appropriate for such lawful uses as it may have. It is not necessary for the State to prove that the defendant formed an intent to use that object as a weapon. It is, however, necessary for the State to prove that it was possessed under such circumstances that a reasonable person would recognize that it was likely to be used as a weapon; in other words, under circumstances where it posed a likely threat of harm to others. You may consider factors such as the surrounding circumstances; size, shape and condition of the object, the nature of its concealment, the time, place and actions of the defendant when it was found in (his/her) possession to determine whether or not the object was manifestly appropriate for its lawful use. [(Emphasis added).]”

quoted by 2 later decisions, including 359 N.J. Super. 399 - State in Interest of GC, Wright v. New Jersey

“conclude[d] that the Legislature did not require proof of an intent to use a weapon for an unlawful purpose as an element of a violation of [this statute].”

quoted by 1 later decision, including 325 N.J. Super. 447 - State v. Brown

Relies on State v. Lee · State v. Wright

Good law ✅— No negative treatment on recordhow we know

Decided 1984-05-07

How this case has been cited

Cited by 23 later decisions (2 by the Supreme Court) — most recently October 2017

21 state decisions

801984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The opinion of the Court was delivered by

POLLOCK, J.

¶2Like the companion case of State v. Lee, 96 N.J. 156 (1984), decided today, this matter raises the issue whether N.J.S.A. 2C:39-5 d is unconstitutionally overbroad or vague. We hold that proof of intent to use a weapon for an unlawful purpose is not necessary to save the statute from a challenge of unconstitutionality. Furthermore, we find that the trial court delivered an adequate charge. Consequently, we reverse the judgment of the Appellate Division, which found the charge to be inadequate, and reinstate defendant’s conviction.

¶3During the evening of September 1, 1979, defendant, who was the subject of several outstanding arrest warrants, and a friend were standing at the intersection of East Forest and Arlington Avenues in Teaneek, New Jersey. A detective patrolling the area in an unmarked vehicle tentatively identified defendant, radioed for help, and pulled his vehicle into a gas station at the corner. The detective called to the defendant by his nickname, “Pumpkin,” but defendant did not reply. Instead, defendant and his companion began walking away from the intersection. When the detective approached him, defendant identified himself as “Mark Edwards” of Hackensack. A patrolman, who was acquainted with the Wright family, arrived and positively identified defendant as Charles Wright.

¶4The officers arrested the defendant on the basis of the outstanding warrants, quickly frisked him, and took him to headquarters, where a more thorough search was conducted. *172Inside defendant’s sock and strapped .to his ankle by a rubber band, the police found an Exacto knife, with an eight-inch handle and a one-inch razor-like blade, protected by a cardboard sheath. Thereupon the police charged Wright with violating N.J.S.A. 2C:39-5 d, which states that anyone who knowingly possesses a weapon “under circumstances not manifestly appropriate for such lawful uses as it may have” can be convicted of a fourth degree crime.

¶5The trial court instructed the jury that the term “manifestly” meant “easily understood or recognized by the mind.” The charge continued, “[i]f you find that the circumstances under which the weapon was possessed could not be easily understood or recognized as being appropriate to a lawful use of the instrument in question here then possession of the weapon is prohibited.”

¶6Furthermore, the trial court instructed:

You must consider all of the surrounding circumstances and facts in evidence including the size, shape and condition of the weapon, the nature and means of its concealment, if any, and the time, place and actions of the defendant when the weapon was found in his possession. If upon considering all the evidence you conclude that the defendant possessed the instrument under circumstances not manifestly appropriate for one of its lawful uses then possession is prohibited within the meaning of this statute, [sic] therefore, in order to warrant a conviction you must be satisfied beyond a reasonable doubt from all of the facts and surrounding circumstances that the defendant knowingly possessed a weapon and that the circumstances under which the weapon was possessed were not manifestly appropriate for any lawful use that the weapon might have.

¶7The jury convicted defendant, who received a sentence of 200 days in the Bergen County jail, with a credit for 184 days of time served.

¶8The Appellate Division reversed the conviction. 187 N.J.Super. 160 (1982). Although it agreed with the trial judge that the State need not prove an “intent to use for an unlawful purpose,” the appellate court found reversible error in that part of the charge that defined “manifestly” as “easily understood or recognized.” Although the Appellate Division acknowledged that the trial court’s definition “is one of the dictionary definitions,” 187 N.J.Super. at 164, it concluded that the trial judge *173impermissibly reduced the State’s burden of proof. The Appellate Division would have defined “manifestly” as “demonstrably.” We disagree. When considered in its entirety, the trial court’s charge adequately set forth the elements of the crime. Furthermore, as discussed more fully in State v. Lee, supra,96 N.J. 156, we find that 2C:39-5 d is neither unconstitutionally overbroad nor vague. Accordingly, we reverse the judgment of the Appellate Division, which remanded the matter for a new trial, and reinstate defendant’s conviction.

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