STATE v. WHITEHEAD


104 N.J. 353 (1986)

517 A.2d 373

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD WHITEHEAD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided November 19, 1986.


Attorney(s) appearing for the Case

Peter B. Meadow, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Mark D. Imbriani, Assistant Prosecutor, argued the cause for respondent (John H. Stamler, Union County Prosecutor, attorney).

John G. Holl, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (W. Cary Edwards, Jr., Attorney General, attorney).


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

This case questions whether a defendant must testify at trial to preserve his right to appeal the trial court's determination that the defendant's prior convictions may be used to impeach him if he testifies. In the present case, the defendant requested the Law Division to conduct a hearing in accordance with State v. Sands, 76 N.J. 127<...

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