STATE OF NEW JERSEY VS. CHRISTOPHER KORNBERGER
A-0859-07T4, A-0679-08T4 (CONSOLIDATED) 04-11-11
It was not error for the trial court to instruct the jury
on the law of attempt before instructing on the substantive
crime defendant was accused of attempting. However, in charging
the jury on attempt, the court must consider the three types of
attempt set forth in N.J.S.A. 2C:5-1a(1) to -1a(3), and must
only charge the jury as to the section(s) that apply in light of
the evidence presented. In this case, the judge charged the
1 413 U.S. 433, 93 S. Ct. 2523, 37 L. Ed. 2d 706 (1973). 2 626 F.3d 170 (3d Cir. 2010). Ray was decided after the motion
judge denied defendant's suppression motion.
jury as to all three types of attempt when only the "substantial
step" instruction was appropriate, but the error did not warrant
reversal of defendant's conviction.
