STATE v. DERRY

A-13/14 September Term 2021 085795.

275 A.3d 444 (2022)

250 N.J. 611

STATE of New Jersey, Plaintiff-Respondent, v. Mykal L. DERRY, a/k/a Mykac Derry, Mykel Derry, and Stevens Mykel, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Malik Derry, a/k/a Malik F. Derry, and Mykell Watson, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 8, 2022.


Attorney(s) appearing for the Case

Lauren S. Michaels , Assistant Deputy Public Defender, argued the cause for appellant Mykal L. Derry ( Joseph E. Krakora , Public Defender, attorney; Lauren S. Michaels, of counsel and on the briefs, and Frank M. Gennaro , Designated Counsel, on the briefs).

Stephen W. Kirsch , Designated Counsel, argued the cause for appellant Malik Derry ( Joseph E. Krakora , Public Defender, attorney; Stephen W. Kirsch, on the briefs).

Daniel A. Finkelstein , Deputy Attorney General, argued the cause for respondent ( Matthew J. Platkin , Acting Attorney General, attorney; Daniel A. Finkelstein, of counsel and on the briefs).

David White argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; David White, Hackensack, and Joshua P. Law , on the brief).


This appeal requires us to assess two issues arising from the State's prosecution of defendants Mykal and Malik Derry for murder and other offenses after they were convicted in the United States District Court for the District of New Jersey for various drug offenses and for the discharge

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