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STATE OF NEW JERSEY, PLAINTIFF-PETITIONER, v. VICTOR GONZALEZ, DEFENDANT-RESPONDENT

Supreme Court of New Jersey2016-06-24
226 N.J. 209141 A.3d 294

Authorities cited

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Opinion

majority opinion

It is ORDERED that the petition for certification is denied.

The Court agrees with the Appellate Division’s conclusion that the use of “and/or” in the jury instruction in this case injected ambiguity into the charge. See State v. Gonzalez, 444 N.J.Super. 62, 75-76, 130 A.3d 1250 (App.Div.2016). The criticism of the use of “and/or” is limited to the circumstances in which it was used in this case. Id. at 71-72, 130 A.3d 1250.