State v. Rolon

This appeal centers on the meaning of the phrase “armed with ... a deadly weapon” as used in the grading provision of the robbery statute, which elevates the crime from second to first degree. N.J.S.A 2C:15-l(b). Defendant stated that she took *577money from the victim’s purse, and that a folding knife fell out of her pocket during a subsequent struggle with the victim. She maintained that she never used or intended to use the knife as a weapon. During deliberations, responding to a question from the jury, the trial judge said that defendant’s “intent with respect to the object [ (the folding…