STERN, J.S.C.
This capital case presents a unique and novel issue of procedure with respect to the bifurcated trial required under N.J.S.A. 2C:11-3c(1). The court must decide the proper manner in which to proceed where certain evidence which may be admissible to prove defendant's guilt may not be admissible at the penalty phase, assuming defendant is found guilty of a "purposeful" or "knowing" murder "by his own conduct".
The issue arises from the following...
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