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STATE v. HARVEY

151 N.J. 117 (1997)

699 A.2d 596

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NATHANIEL HARVEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 30, 1997.

Attorney(s) appearing for the Case

Michael B. Jones and Stephen A. Caruso, Assistant Deputies Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney).

Nancy A. Hulett, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by POLLOCK, J.

Defendant, Nathaniel Harvey, appeals directly from a judgment of conviction and sentence of death for the purposeful-or-knowing murder of Irene Schnaps. A jury originally convicted defendant of Schnaps's murder and sentenced him to death in October 1986. This Court reversed that conviction because of errors in the admission of defendant's confession and in the failure of the trial court to give a "Gerald

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