State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Patsy John Truglia, Jr., Defendant-Respondent and…

Summary

The Supreme Court of New Jersey held that the aggravated assault and the handgun‑possession offenses pleaded to by Truglia did not merge because each offense contains an element the other does not. Accordingly, the convictions stand and the appellate court's vacatur of the pleas is reversed. The Court also noted, as dicta, that a guilty plea does not automatically waive a merger claim unless the issue is addressed at the plea hearing.