State v. Burford

In State v. Burford, 321 N.J. Super. 360, 729 A.2d 52 (App.Div.1999), certif. granted, 162 N.J. 128, 741 A.2d 96 (1999), the issue was whether defendant's use of a stolen automobile to elude police and his reckless striking of another vehicle during the chase made the stolen automobile a "deadly weapon" under NERA. The Court found under the circumstances presented that as a matter of law, the stolen vehicle was not used as a deadly weapon. The Court said that "there may be circumstances where an automobile can be used as a deadly weapon. Indeed, almost every object, animate or inanimate, can be used as a deadly weapon under certain circumstances." Id. at 364, 729 A.2d 52. The Court concluded that because defendant did not intend to use the car as a deadly weapon, NERA did not apply. Id. at 365, 729 A.2d 52.