STATE v. BEY


258 N.J. Super. 451 (1992)

610 A.2d 403

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

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1992.


Attorney(s) appearing for the Case

James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender of New Jersey, attorney).

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

Before Judges KING, GRUCCIO and BROCHIN.


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

This appeal involves the admissibility of incriminating statements made to a State prison guard by defendant while under a sentence of death. At a retrial after reversal of his capital conviction, defendant claimed that his statements to the guard while he was on death row and his case was on appeal were inadmissible because the State had violated his right to counsel. We disagree with this contention.

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