State v. Milligan

Relying on the painstaking opinion of the Appellate Division, State v. Milligan, 202 N.J. Super. 336 (1985), the Court holds that a criminal homicide in which the death of the victim is caused by reckless driving may be prosecuted only under N.J.S.A. 2C:11-5, the “death by auto” statute. According to both courts below, and now this Court, that proposition compels dismissal of the indictment against defendant for manslaughter in violation of N.J.S.A. 2C:11 — 4(b)(1). I think not.

I

Because the trial court granted defendant’s motion to dismiss the manslaughter indictment, the evidentiary record…