State of New Jersey, Plaintiff-Appellant v. Marcus Cassady, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the trial court's denial of a lesser‑included theft instruction for the bank teller robbery, holding there was no rational basis for such a charge, and reversed the Appellate Division's vacatur of the sentence for the car‑salesman robbery, reinstating both convictions and the imposed sentences. The Court emphasized the two‑prong test for lesser‑included offenses and the limited scope of appellate review of sentencing. Justice Long dissented, arguing that a rational basis existed for a theft instruction and that the conviction should be reversed.