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STATE v. DIFRISCO

900 A.2d 820 (2006)

187 N.J. 156

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

Supreme Court of New Jersey.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Lawrence S. Lustberg, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Lustberg, Jean D. Barrett and Megan Lewis, Designated Counsel, on the briefs).

Kenneth P. Ply, Assistant Prosecutor, argued the cause for respondent (Paula T. Dow, Essex County Prosecutor, attorney).

Justice ZAZZALI delivered the opinion of the Court.

In Gregg v. Georgia, the United States Supreme Court declared that "the penalty of death is different in kind from any other punishment imposed under our system of criminal justice." 428 U.S. 153, 188, 96 S.Ct. 2909, 2932, 49 L.Ed.2d 859, 883 (1976). In light of that simple and profound consideration, this Court has taken extreme care to ensure that no death sentence...

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