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STATE v. BROWN

228 N.J. Super. 211 (1988)

549 A.2d 462

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES BROWN AND RONALD EMM, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Simon Louis Rosenbach, Assistant Prosecutor argued the cause for appellant (Alan A. Rockoff, Prosecutor Middlesex County, attorney; Simon Louis Rosenbach, of counsel and on the brief).

Barry T. Albin, attorney argued the cause for respondent James Brown (Wilentz, Goldman & Spitzer, attorneys; Barry T. Albin, of counsel and on the brief and Jeffrey L. Menkin, on the brief).

William G. Brigiani argued the cause for respondent Ronald Emm (Brigiani, Gelzer, Cohen & Schneider, attorneys; William G. Brigiani, of counsel and on the brief and Phyllis Joy Cohen, on the brief).

Before Judges ANTELL, DREIER and BROCHIN.

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

The State has appealed from an order of the Law Division granting defendants new and separate trials after a jury found them both guilty of death by auto, N.J.S.A. 2C:11-5, after a 12-day joint trial. The issue of severance had previously been considered at a pretrial motion by a different judge who determined in a reported decision that the joint trial could be held. State v. Brown,

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