STATE v. DiFRISCO


137 N.J. 434 (1994)

645 A.2d 734

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY DIFRISCO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 27, 1994.


Attorney(s) appearing for the Case

Paul M. Klein, Deputy Public Defender II, and M. Virginia Barta, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Acting Public Defender, attorney).

Hilary L. Brunell, Assistant Prosecutor, argued the cause for respondent (Clifford J. Minor, Essex County Prosecutor, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General of New Jersey, attorney).


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

In State v. Di Frisco, 118 N.J. 253, 283, 571 A.2d 914 (1990) [Di Frisco I], we affirmed Anthony DiFrisco's conviction for the murder of Edward Potcher but vacated his death sentence and remanded the case for a new penalty-phase hearing. At the second penalty-phase proceeding, the jury returned a death-penalty verdict, and the trial...

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