State v. Smith

This appeal raises the question whether a defendant must know that a weapon is defaced to be convicted of the offense of possession of a defaced weapon, contrary to N.J.S.A. 2C:39-3(d).

In October 2002, defendant Jama Smith was observed in the City of Paterson participating in a drug transaction, which led ultimately to his conviction for possession of a defaced weapon. On appeal, defendant contended that he was denied a fair trial because the court’s jury instruction on that offense failed to require a finding that defendant knew the firearm was defaced. The Appellate Division rejected that…