Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Demetrius M. Diaz, Defendant-Respondent

July 3, 1996144 N.J. 628

Summary

The Supreme Court of New Jersey held that the possession of a firearm for an unlawful purpose conviction must merge with the passion/provocation manslaughter conviction because the jury was not properly instructed to find a broader unlawful purpose. The Court also declined to require special verdict sheets in every case involving a weapons possession charge, emphasizing that trial courts may use them at their discretion. The Appellate Division's judgment was affirmed in modified form.