STATE v. O'BRIEN

No. A-89 September Term 2008

984 A.2d 879 (2009)

200 N.J. 520

STATE of New Jersey, Plaintiff-Respondent, v. Peter J. O'BRIEN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 29, 2009.


Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Samuel J. Marzarella, Supervising Assistant Prosecutor, argued the cause for respondent (Marlene Lynch Ford, Ocean County Prosecutor, attorney; Mr. Marzarella and Patricia S. Toreki, Assistant Prosecutor, on the briefs).


Justice LONG delivered the opinion of the Court.

Recently, in State v. Taffaro, 195 N.J. 442, 451, 950 A.2d 860 (2008), we reaffirmed the well-established principle that, in presiding over a jury trial, the judge, who holds a powerful symbolic position vis-a-vis jurors, must maintain a mien of impartiality and must refrain from any action that would suggest that he favors one side over the other...

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