STATE v. GILMORE


195 N.J. Super. 163 (1984)

478 A.2d 783

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CURTIS GILMORE, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 1984.


Attorney(s) appearing for the Case

Martin L. Greenberg argued the cause for appellant (Greenberg, Margolis, Ziegler & Schwartz, attorneys; Martin L. Greenberg, of counsel; Richard E. Mischel, on the brief).

Alan A. Sant'Angelo, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Alan A. Sant'Angelo, of counsel, and on the brief).

Before Judges MATTHEWS, J.H. COLEMAN and GAULKIN.


PER CURIAM.

The crucial issue raised by this appeal which has not been addressed recently by an appellate court of this State is whether "the defendant's Federal and State Constitutional rights to a trial by an impartial jury were violated by the prosecutor's use of peremptory challenges to exclude all prospective black jurors apparently on the basis of race." [Point III, Appellant's Brief].

In a single jury trial, defendant was found guilty of three first...

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