Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Alphonso Robinson, Defendant-Appellant and…
July 14, 1994136 N.J. 476
Summary
The Supreme Court held that attempted passion/provocation manslaughter is a cognizable lesser‑included offense of attempted murder under the New Jersey Code of Criminal Justice and that a trial court must sua sponte charge that offense when the objective elements are clearly indicated. Accordingly, the defendant's attempted‑murder conviction was reversed and the case remanded for further proceedings consistent with this opinion.