State v. Smith

The opinion of the Court was delivered by

*248CLIFFORD, J.

We granted certification, 184 N.J. 561, 636 A.2d 519 (1993), to review the Appellate Division’s reversal of defendant’s convictions for armed robbery, a violation of N.J.S. A 2C:15-1, and possession of a weapon for an unlawful purpose, contrary to N.J.S.A 2C:39~ 4d. In an unreported opinion the Appellate Division held that our decision in State v. Talley, 94 N.J. 385, 466 A.2d 78 (1983), “mandates a reversal because of the trial court’s refusal to allow a jury to convict defendant for theft of services,” a disorderly-persons offense under…