STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARKO BEY, DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued May 1, 1984.
Decided June 26, 1984.
Attorney(s) appearing for the Case
James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney; James K. Smith, Jr. and Judith L. Borman, Assistant Deputy Public Defender, on the briefs).
Alton D. Kenney, Assistant Prosecutor, argued the cause for respondent (John A. Kaye, Monmouth County Prosecutor, attorney; Paul F. Jannuzzo and James W. Kennedy, Assistant Prosecutors, on the brief).
Richard R. Shiarella, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (IrwinI. Kimmelman, Attorney General of New Jersey, attorney; Richard R. Shiarella and Catherine A. Foddai, Deputy Attorneys General, of counsel and on the brief).
The Supreme Court of New Jersey.
PER CURIAM.
This appeal raises two issues. The first involves essentially the same issue considered today in State v. Biegenwald,96 N.J. 630 (1984), namely, whether, during the penalty phase of a capital proceeding, the State may use as an aggravating factor, pursuant to N.J.S.A. 2C:11-3c(4)(a), a defendant's prior conviction for murder, when the appeal of that conviction is still pending. The second presents the question...
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