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STATE v. BEY

112 N.J. 45 (1988)

548 A.2d 846

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MARKO BEY (I), DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 2, 1988.

Attorney(s) appearing for the Case

James K. Smith, Jr., Deputy Public Defender, and Judith L. Borman, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; James K. Smith, Jr., Judith L. Borman and Robert A. Seelenfreund, Assistant Deputy Public Defender, on the briefs).

Alton D. Kenny, Assistant Prosecutor, argued the cause for respondent (John A. Kaye, Monmouth County Prosecutor, attorney; Alton D. Kenney, James W. Kennedy and Mark P. Stalford, Assistant Prosecutors, of counsel; Joseph W. Oxley and Peter J. Boser, Assistant Prosecutors, on the briefs).

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae Attorney General (W. Cary Edwards, Attorney General of New Jersey, attorney; Dorothy G. Turi, Former Deputy Attorney General, and Jeffrey L. Menkin, Deputy Attorney General, of counsel and on the brief).

Herbert I. Waldman submitted a brief on behalf of amicus curiae American Civil Liberties Union (Podvey, Sachs & Catenacci, attorneys; Herbert I. Waldman, H. Richard Chattman and Deborah Karpatkin, of counsel; Herbert I. Waldman and H. Richard Chattman, on the brief).

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

This case, and State v. Bey, 112 N.J. 123 (1988) (Bey II), also decided today, are both pre-Ramseur/Biegenwald capital prosecutions. We address certain trial errors in this case and hold that defendant must be retried. Additionally, since the Legislature has amended the capital punishment statute to preclude imposing the death sentence on juveniles, we conclude...

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