State v. Jayson L. Conklin

07-06-07 A-2439-06T5

After the trial judge dismissed an indictment charging
defendant with terroristic threats contrary to N.J.S.A. 2C:12-
3(a) in connection with threats to kill the victim, we
reinstated the indictment, holding that threats to kill may be
prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-
3(b) because the elements of subsection (a) differ from the
elements of subsection (b) and the prosecutor has the discretion
to seek an indictment under either statutory provision.