State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Charles S. Thomas, Defendant-Respondent and…

Summary

The New Jersey Supreme Court held that a trial court has no constitutional duty to sua sponte give a related‑offense instruction on hindering apprehension when neither the prosecution nor the defense requests it, and that the risk‑of‑death‑or‑injury element of the second‑degree eluding statute does not require a mens‑rea. Accordingly, the Court reversed the Appellate Division’s reversal of the robbery conviction, reinstated the robbery conviction, affirmed the second‑degree eluding conviction, and remanded for sentencing arguments.