The court granted defendant Mohammad Ramadan leave to appeal from the Law Division's April 4, 2024 order denying his motion to dismiss count two of an indictment charging him with first-degree attempted murder, N.J.S.A. 2C:5-1, 2C:11-3. Defendant argued the prosecutor gave the grand jury the wrong legal instruction, advising that an attempt to purposefully cause "serious bodily injury resulting in death" constituted a sufficient alternative mental state for the offense of attempted murder. Defendant claimed this error warranted dismissal of the attempted murder count. The court determined that providing the grand jury with incorrect mental state instructions, even though also presenting statements of the correct mental state, created the inherent possibility that the grand jury indicted defendant for attempted murder based on an impermissible mental state. The court cited State v. Gilliam, 224 N.J. Super. 759 (App. Div. 1988), which reversed an attempted murder conviction based upon a similar misstatement of the required mens rea. The court reversed the trial court's order and dismissed the count of first-degree attempted murder.