State v. Stasio

The opinion of the court was delivered by

Schreiber, J.

The major issue on this appeal is whether voluntary intoxication constitutes a defense to a crime, one element of which is the defendant’s intent. Defendant Stasio was found guilty by a jury of assault with intent to rob, in violation of N. J. S. A. 2A:90-2, and of assault while being armed with a dangerous knife, contrary to N. J. S. A. 2A.T51-5. The trial court sentenced the defendant to three to live years on the assault with intent to rob count and a concurrent term of one to two years on the second count. The prison term was suspended…