MARZULLI, J.C.C., Temporarily Assigned.
The issue is whether the question of defendant's sanity at the time of the commission of a crime is to be decided by a 10 to 2 or by a unanimous verdict of the trial jury.
N.J.S.A. 2A:163-2 provides that the issues of competency and sanity may be determined at a pretrial hearing conducted by the judge alone or with a jury specially impanelled. Aponte v. State,
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