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STATE v. GERALD

113 N.J. 40 (1988)

549 A.2d 792

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER M. GERALD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Lowell Espey and Kathryn A. Brock, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

James R. Wronko, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; James R. Wronko and Boris Moczula, of counsel and on the briefs).

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

Defendant was convicted of numerous offenses, including capital murder, surrounding an incident that resulted in the death of Paul Matusz. On the capital murder conviction defendant was sentenced to death, wherefore his appeal to this Court is as of right under Rule 2:2-1(a)(3). We affirm all of the judgments of conviction except the one for capital murder as charged in the thirteenth count of the indictment...

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