State v. Rolon, 199 N.J. 575

Summary

The Supreme Court of New Jersey held that, for a non-firearm object such as a folding knife, a defendant is not “armed with a deadly weapon” for purposes of first-degree robbery unless the defendant had immediate access to the object and intended to use it in a manner capable of causing death or serious bodily injury. The Court concluded that the trial judge’s instruction that the defendant’s intent regarding the knife was irrelevant was misleading and required reversal of the first-degree robbery conviction. The judgment of the Appellate Division was affirmed and the matter was remanded for a new trial.

Holdings

1. When the alleged weapon is not a firearm and is an object with legitimate as well as illegitimate uses, a defendant cannot be considered armed with a deadly weapon under N.J.S.A. 2C:15-1(b) unless the defendant had immediate access to the object and intended to use it in a way capable of producing death or serious bodily injury.
2. The trial judge correctly explained that being armed means possessing an implement in a manner making it available for use as a weapon, but erred by instructing the jury that defendant's intent regarding the knife was irrelevant.
3. State v. Clark is disapproved to the extent it suggests that the phrase armed with a deadly weapon has different meanings under the robbery and burglary statutes.

Questions Presented

1. Whether, under New Jersey's robbery and deadly-weapon statutes, a defendant possessing a non-firearm object with legitimate uses must have immediate access to the object and an intent to use it in a manner capable of producing death or serious bodily injury to be considered armed with a deadly weapon.
2. Whether the trial court's instruction that defendant's intent regarding the folding knife was irrelevant was erroneous and required reversal of the first-degree robbery conviction.
3. Whether the Supreme Court should disapprove State v. Clark to the extent it treated the phrase armed with a deadly weapon differently under the burglary statute.

Disposition

affirmed