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

Summary

The Supreme Court of New Jersey affirmed the convictions for two counts of second-degree robbery and the twenty‑year sentence, holding that the trial court properly denied a lesser‑included theft instruction because no rational basis existed, and that the Appellate Division erred in vacating the sentence for the car‑salesman robbery. The Court also upheld the use of consecutive sentences under the Yarbough factors. Justice LONG dissented, arguing that a theft instruction was required where a rational basis existed.