(Partially raised below.). In sum, we are persuaded that the State's proofs support a finding of guilt of second-degree robbery but are inadequate to support either the armed element of first-degree robbery or the fourth-degree weapon possession conviction. “Dangerous knife” is also included in the listing of per se weapons in N.J.S.A. She deviated from the plurality opinion in arguing that the frequency of public flight in the airspace was a necessary concern, and that the mere legality of such flights was insufficient to determine whether the defendant had a reasonable expectation of privacy: [I]t is not conclusive to observe, as the plurality does, that "[a]ny member of the public could legally have been flying over Riley's property in a helicopter at the altitude of 400 feet and could have observed Riley's greenhouse." In any event, after denying to Phillips that he had any money on his person, defendant finally disgorged some $45, stained with blood, from his pocket together with a three-bladed pocket folding knife, the largest blade being about four inches long. Read the Court's full decision on FindLaw. The victim was entirely unaware that defendant had a knife in his pocket. THE DEFENDANT WAS DEPRIVED OF HIS SIXTH AMENDMENT CONFRONTATION RIGHT AND FOURTEENTH AMENDMENT DUE PROCESS RIGHT TO A FAIR TRIAL DUE TO THE ADMISSION OF HEARSAY.
Appropriate VCCB and SSCA penalties were also imposed. The subrogation lien cannot arise, or attach, until the insured has received the settlement proceeds or damage award and until there is a judicial determination that the insured has been made whole. We also noted in Blaine that a pocket knife of just the type this defendant had in his pocket “is, in fact, an implement which is commonly and regularly sold throughout the state as a matter of ordinary commerce.” Id. The Justice closed by saying flights less than 400 feet (120 m) in altitude "may be sufficiently rare that police surveillance from such altitudes would violate reasonable expectations of privacy."[8]. The second category is the all-inclusive category of every other material object that can be used or intended to be used in such a way as to cause death or serious bodily injury or is so fashioned to lead the victim to believe it has that capacity. From the foregoing, we think it plain that the fourth-degree possession conviction under N.J.S.A. [7], Nevertheless, O'Connor concurred with the plurality opinion because she thought the defendant still needed to show that public use of the relevant airspace was uncommon. Indeed the judge specifically found these facts in acquitting defendant of the third-degree possession charge. N.J.S.A. THE CONVICTION OF COUNT 1 (ARMED ROBBERY) IS INCONSISTENT WITH THE ACQUITTAL OF COUNT 2 (POSSESSION OF A WEAPON FOR AN UNLAWFUL PURPOSE) IN VIOLATION OF DEFENDANT'S FOURTEENTH AMENDMENT DUE PROCESS RIGHTS. Plainly not. ), certif. Without this testimony, the State would have failed to sustain the requisite element of possession with respect to both offenses.
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