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STATE v. McCRARY

97 N.J. 132 (1984)

478 A.2d 339

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. VICTOR MCCRARY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided June 26, 1984.

Attorney(s) appearing for the Case

Hilary L. Brunell, Assistant Prosecutor, argued the cause for appellant and cross-respondent (George L. Schneider, Essex County Prosecutor, attorney; John S. Redden, Assistant Prosecutor, on the briefs).

Paul M. Klein, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Joseph H. Rodriguez, Public Defender, attorney; Paul M. Klein, Ollis Douglas, Jr., and B. Vincent Carlesimo, Assistant Deputies Public Defender, on the briefs).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Debra L. Stone and Catherine A. Foddai, Deputy Attorney General, of counsel and on the brief).

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

Under the New Jersey Code of Criminal Justice (Code), a defendant convicted of purposeful or knowing murder will be sentenced to death if one or more statutorily-specified aggravating factors exist and are not outweighed by one or more mitigating factors. N.J.S.A. 2C:11-3a, c. The Code requires the prosecuting attorney to give defendant notice of any aggravating factor that he intends to prove, either ...

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