State v. Mello

The opinion of the court was delivered by

BAIME, J.A.D.

This appeal presents troublesome issues pertaining to N.J.S.A. 2C:39-4(a). That statute provides that any person who possesses a firearm with the purpose to use it unlawfully against the person or property of another is guilty of a crime of the second degree. At issue is whether an indictment that recites the statutory language, but does not specify the unlawful purpose the accused *457allegedly harbored, violates either the federal or state constitution. Also in question is whether a trial court is obliged to define with precision the…