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STATE v. REYES

140 N.J. 344 (1995)

658 A.2d 1218

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOSE LUIS REYES, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 5, 1995.

Attorney(s) appearing for the Case

Gary H. Schlyen, Chief Assistant Prosecutor, argued the cause for appellant (Ronald S. Fava, Passaic County Prosecutor, attorney).

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney; Mr. Hannigan and William Welaj, Designated Counsel, on the briefs).

Nancy A. Hulett, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey, attorney; Deborah T. Poritz, Attorney General, attorney).

Jose Luis Reyes submitted a supplemental letter brief, pro se.

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

This appeal concerns defendant's motion for post-conviction relief. Defendant asserts that the diminished-capacity charge given at his trial was unconstitutional under State v. Breakiron, 108 N.J. 591, 532 A.2d 199 (1987), and State v. Zola, 112 N.J. 384, ...

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