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State v. Brown

Decided: May 11, 1982.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PAUL H. BROWN, ALSO REFERRED TO AS PAUL HENRY BROWN, DEFENDANT-APPELLANT



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County.

Milmed, Joelson and Gaulkin. The opinion of the court was delivered by Milmed, P.J.A.D.

Milmed

Tried to a jury, defendant was found guilty of unlawful possession and control of a weapon, viz., a knife, having previously been convicted "of the crime of Homicide" (manslaughter) (N.J.S.A. 2C:39-7). His motion for a new trial was denied and, on the conviction, he was committed to the custody of the Commissioner of the Department of Corrections for a term of 18 months. Additionally, he was assessed a penalty of $25 for use by the Violent Crimes Compensation Board.

Defendant's contentions on this appeal, as set forth in the brief submitted on his behalf, are the following:

POINT I The trial judge's refusal to instruct the jury regard-

ing the proper meaning of a "dangerous knife" for pur-

poses of N.J.S.A. 2C:39-7 was erroneous and deprived

defendant of a fair trial.

POINT II Defendant's sentence is manifestly excessive and unduly

punitive.

N.J.S.A. 2C:39-7, the statute which defendant was convicted of violating, reads:

Any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, or sexual assault, whether or not armed with or having in his possession any weapon enumerated in section 2C:39-1r., or any person who has ever been committed for a mental disorder to ...


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