STATE v. BEY


129 N.J. 557 (1992)

610 A.2d 814

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

The Supreme Court of New Jersey.

Decided July 28, 1992.


Attorney(s) appearing for the Case

James K. Smith, Jr., Deputy Public Defender, and Claudia Van Wyk, Deputy Public Defender II, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; James K. Smith, Jr., Claudia Van Wyk, and Matthew Astore, Deputy Public Defender II, on the briefs).

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).


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

In State v. Bey, 112 N.J. 123, 548 A.2d 887 (1988) (Bey II), we affirmed Marko Bey's conviction for the murder of Carol Peniston but reversed the death sentence and remanded the case for a new sentencing proceeding. A second jury returned a death sentence. Defendant appeals as of right to this Court, N.J.S.A. 2C:11-3e, challenging...

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