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STATE v. HARVEY

121 N.J. 407 (1990)

581 A.2d 483

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NATHANIEL HARVEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Edward A. Kopelson and Robert D. Westreich, Designated Counsel, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

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

Defendant, Nathaniel Harvey, appeals from a capital-murder conviction and death sentence. Because the trial court's jury instructions at the guilt phase did not comply with our later holding in State v. Gerald, 113 N.J. 40, 549 A.2d 792 (1988), we reverse the conviction and remand for a new trial.

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