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

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment, holding that the trial judge did not err by failing to give a sua sponte accomplice liability instruction and that the request to charge the jury on attempted theft by receiving stolen property and conspiracy to receive stolen property as lesser‑included offenses was properly denied. The Court found no rational basis in the evidence to support an accomplice instruction or the lesser‑included offense charges. Justice Albin dissented, arguing that the trial court should have given a related‑offense instruction on receiving stolen property.