State v. Concepcion

Defendant, Miguel Concepcion, was convicted of reckless manslaughter, contrary to N.J.S.A. 2C:11-4(b)(1). He was sentenced to a five-year term, with a three-year parole ineligibility period pursuant to the Graves Act. N.J.S.A. 2C:43-6(c). The Appellate Division affirmed in an unpublished opinion. We granted certification, 109 N.J. 494 (1987), and we now reverse.

*375I

The sequence of events leading up to the death of the victim in this case began on the morning of November 14, 1984, in defendant’s living room. Defendant cleaned a gun that he legally possessed as part of his training to become a…