State v. Butler

The opinion of the court was delivered by

KING, J. A. D.

This case presents the issue of whether the simulated use of a handgun during a robbery is a crime of the first or second degree under the Code of Criminal Justice, effective September 1, 1979. The pertinent statute states:

Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone or purposely inflicts or attempts to inflict serious bodily harm, or is armed with or uses or threatens the immediate use of a deadly weapon. [N.J.S.A.…