A-13-16 State v. Fernando Carrero, Jr. (078071) (Bergen County and Statewide)

In this appeal as of right, we consider the propriety of a passion/provocation manslaughter jury instruction.

Defendant Fernando Carrero, Jr., was charged with the murder of Jose Hall. Defendant’s account of the shooting differed substantially from that of Kerrilyn Lowenstein, defendant’s girlfriend, who witnessed a significant part of the event. At trial, defense counsel requested a passion/provocation manslaughter instruction, but the trial court denied the request, finding it inconsistent with defendant’s own accounts of self-defense and accidental shooting. The jury convicted defendant of…