Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Osborne S. Maloney, Defendant-Appellant

October 16, 2013216 N.J. 91

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the trial court did not err by failing to sua sponte instruct the jury on accomplice liability and by refusing to charge the jury on the alleged lesser‑included offenses of attempted theft by receiving stolen property and conspiracy to receive stolen property. The Court found no rational basis for those instructions and concluded the errors were not plain error.