State v. Gonzalez

It is ORDERED that the petition for certification is denied.

The Court agrees with the Appellate Division’s conclusion that the use of “and/or” in the jury instruction in this case injected ambiguity into the charge. See State v. Gonzalez, 444 N.J.Super. 62, 75-76, 130 A.3d 1250 (App.Div.2016). The criticism of the use of “and/or” is limited to the circumstances in which it was used in this case. Id. at 71-72, 130 A.3d 1250.