State v. Muniz

The opinion of the Court was delivered by

HANDLER, J.

This appeal poses the question of whether, in a criminal prosecution for the third-degree crime of death by auto under the New Jersey Code of Criminal Justice, the Motor Vehicle Act offenses of reckless driving and careless driving are lesser-included offenses that should be submitted to the jury in conjunction with its determination of guilt or innocence on the death-by-auto charge. The case comes to the Court following defendant’s conviction of death by auto in the Law Division and the reversal of this conviction by the Appellate Division…