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STATE v. ENGEL

99 N.J. 453 (1985)

493 A.2d 1217

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM ENGEL AND HERBERT ENGEL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 13, 1985.

Attorney(s) appearing for the Case

Dennis Calo, First Assistant Prosecutor, argued the cause for appellant (Larry J. McClure, Bergen County Prosecutor, attorney).

Miles Feinstein argued the cause for respondents (Feinstein, Bitterman, and Schey, attorneys for William Engel; William T. Petrina, attorney for Herbert Engel).

Debra L. Stone, Deputy Attorney General, argued the cause on behalf amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Matthew Astore, Assistant Deputy Public Defender, argued the cause on behalf of amicus curiae Public Defender (Thomas S. Smith, Jr., Acting Public Defender, attorney).

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

In this case two defendants are charged with the commission of murder by contract. They seek to be released on bail. We must decide whether, and under what evidentiary standards, the recorded, extrajudicial confession of a third codefendant, the alleged hired murderer, may be introduced at the bail hearing and given probative incriminatory weight against the other defendants. Because the limited record before us...

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