STATE v. DOWNEY


237 N.J. Super. 4 (1989)

566 A.2d 822

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DIANE DOWNEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1989.


Attorney(s) appearing for the Case

Jack Gerber, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Ruth K. Culhane, Designated Counsel, of counsel and on the brief).

John J. Scaliti argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Debra G. Lynch, Deputy Attorney General, of counsel and on the brief).

Before Judges MICHELS, DEIGHAN and BROCHIN.


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

In February, 1982, defendant Diane Downey and co-defendant Linda Prudden (Ms. Prudden) were indicted by the Middlesex County Grand Jury and charged with first degree murder in violation of N.J.S.A. 2C:11-3. In November, 1982, following a lengthy trial, defendant was found guilty of first degree murder of her husband Robert Downey (decedent) and sentenced to life imprisonment. In January, 1986, we reversed...

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