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STATE v. BEY

137 N.J. 334 (1994)

645 A.2d 685

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

The Supreme Court of New Jersey.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Claudia Van Wyk, Deputy Public Defender II, and James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney).

Alton D. Kenney, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mark P. Stalford, Assistant Prosecutor, of counsel; Barry J. Serebnick, Assistant Prosecutor, on the brief).

Lawrence S. Lustberg argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and New Jersey State Conference of NAACP Branches (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Fred DeVesa, Acting Attorney General, attorney).

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

In unrelated incidents, defendant, Marko Bey, sexually assaulted and murdered two women. Separate juries sentenced defendant to death for each of the murders. Initially we vacated both death sentences. In State v. Bey, 112 N.J. 45, 548 A.2d 846 (1988) (Bey I), which involved the murder of Cheryl Alston, we reversed the murder conviction...

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