March 17, 2009

3-11-09 State v. Cassady (A-94-07)

3-11-09 State of New Jersey v. Marcus Cassady (A-94-07)

There was no rational basis for a jury instruction on theft as a
lesser-included offense to robbery where, in committing the
crime, defendant threatened a bank teller by demanding money and
then, when the money wasn’t produced, vaulted a seven-foot
partition into the teller’s area, causing the teller to flea for
her life. In addition, there was no reversible error in the
trial court’s consideration and weighing of aggravating and
mitigating factors.

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