January 27, 2009

1-27-09 State of New Jersey v. Smith (A-93-07)

1-27-09 State of New Jersey v. Jama Smith (A-93-07)
The Court affirms defendant Jama Smith’s conviction on charges of knowingly possessing a firearm that has been defaced, in
violation of N.J.S.A. 2C:39-3(d). Because the term “knowingly” modifies “possession” in ths statutory provision, the State was required to prove that Smith knew he possessed the firearm. The State was not required to prove that Smith also knew that the
firearm was defaced.

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