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STATE v. BIEGENWALD

96 N.J. 630 (1984)

477 A.2d 318

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD BIEGENWALD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 26, 1984.

Attorney(s) appearing for the Case

Alton D. Kenney, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney; William J. Zaorski, Assistant Prosecutor, of counsel; Paul F. Jannuzzo and James W. Kennedy, Assistant Prosecutors, on the brief).

Glen J. Vida argued the cause for respondent.

Richard R. Shiarella, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Richard R. Shiarella and Catherine A. Foddai, Deputy Attorneys General, of counsel and on the brief).

PER CURIAM.

This appeal arises under the provisions of the New Jersey Code of Criminal Justice (Code) authorizing a separate proceeding for purposes of determining the sentence to be imposed upon a defendant found by a jury to be guilty of the crime of murder. N.J.S.A. 2C:11-3c. The case requires that we determine 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...

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