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STATE v. DE STASIO

49 N.J. 247 (1967)

229 A.2d 636

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK DE STASIO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued April 27, 1967.

Decided May 1, 1967.

Attorney(s) appearing for the Case

Mr. Michael A. Querques and Mr. Harvey Weissbard argued the cause for appellant (Mr. Harvey Weissbard, of counsel; Messrs. Querques and Isles, attorneys).

Mr. Brendan T. Byrne, Essex County Prosecutor, argued the cause for respondent (Mr. Barry H. Evenchick, Assistant County Prosecutor, of counsel and on the brief).

The opinion of the court was delivered by WEINTRAUB, C.J.

A jury convicted defendant of bookmaking in violation of N.J.S. 2A:112-3. He was sentenced to a term of one to two years and fined $1,000. We certified his appeal to the Appellate Division before it was argued there.

I

The first question is whether defendant's privilege of silence under the Fifth Amendment was violated by the prosecutor's opening statement to the jury.

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