804 A.2d 507 (2002)

174 N.J. 195

STATE of New Jersey, Plaintiff-Respondent, v. Anthony DiFRISCO, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 14, 2002.

Attorney(s) appearing for the Case

Lawrence S. Lustberg and Jean D. Barrett, Designated Counsel, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney; Mr. Lustberg, Ms. Barrett and Jessica A. Roth, Newark, of counsel and on the briefs).

Catherine A. Foddai, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General of New Jersey, attorney).

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

This is a capital case. This Court previously affirmed defendant's conviction for capital murder, State v. DiFrisco, 118 N.J. 253, 571 A.2d 914 (1990) (DiFrisco I), upheld his death sentence, State v. DiFrisco, 137 N.J. 434, 645 A.2d 734...

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