Supreme Court of New Jersey, 2016

State v. Gonzalez

State v. Gonzalez
Supreme Court of New Jersey · Decided June 24, 2016
226 N.J. 209; 141 A.3d 294

State v. Gonzalez

Opinion of the Court

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.

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