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STATE v. TOWNES

220 N.J. Super. 38 (1987)

531 A.2d 381

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT EARL TOWNES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Roxanne J. Gregory, Assistant Deputy Public Defender, of counsel and on the brief).

Herbert H. Tate, Jr., Essex County Prosecutor, attorney for respondent (Janet Berberian, Assistant Prosecutor, of counsel and on the brief).

Before Judges ANTELL, LONG and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

This appeal involves application of the principles announced in State v. Gilmore, 103 N.J. 508 (1986). Gilmore held that the New Jersey Constitution forbids "a prosecutor to exercise peremptory challenges to remove potential petit jurors who are members of a cognizable group on the basis of their presumed group...

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