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STATE v. HUDSON

226 N.J. Super. 412 (1988)

544 A.2d 868

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUFUS L. HUDSON, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUSSELL SAMUEL HALL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1988.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, for appellant Rufus L. Hudson (Lennox S. Hinds, Designated Counsel, of counsel and on the letter brief).

Alfred A. Slocum, Public Defender, for appellant Russell Samuel Hall (Faye R. Puddington, Designated Counsel, of counsel and on the brief).

W. Cary Edwards, Attorney General, for respondent (Linda K. Calloway, Deputy Attorney General, of counsel and on the briefs).

Before Judges J.H. COLEMAN and LONG.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The substantial issue raised in these appeals is whether a new trial is required where defendants voluntarily absented themselves from the entire court proceedings before the trial commenced. We hold that R. 3:16 requires a reversal and new trial.

Defendants Russell Samuel Hall and Rufus L. Hudson were charged in five counts of Camden County Indictment 383-02-85. They were tried before...

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