State ex rel. S.M.

The opinion of the court was delivered by

STERN, J.S.C.

(temporarily assigned).

We granted the State leave to appeal the denial of its application to waive jurisdiction in this case from the Chancery Division, Family Part, to the Law Division, Criminal Part, pursuant to N.J.S.A. 2A:4A-26 and R. 5:22-2. Respondent, S.M., a juvenile, was charged with delinquency under N.J.S.A. 2A:4A-23, by committing an act which if committed by an adult would constitute the crime of murder in violation of N.J.S.A. 2C:ll-3a(l), (2). The critical issue for resolution is whether the juvenile sustained his burden of…