State v. Martes

STEINBERG, J.S.C.

I write this opinion to express my respectful disagreement with the opinion of another trial court in State v. Benford, 259 N.J.Super. 569, 614 A.2d 659 (Law Div.1992) and hold that the defendant may be convicted of burglary even though his purpose in entering an automobile is only to joyride, or in other words, to operate it and withhold the automobile temporarily from the owner rather than to permanently deprive the owner of possession thereof. Benford, supra, held that a defendant may not be convicted of burglary of an automobile if his intent at the time of the entry into *119…