STATE v. HUDSON


119 N.J. 165 (1990)

574 A.2d 434

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RUFUS HUDSON AND RUSSELL SAMUEL HALL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 30, 1990.


Attorney(s) appearing for the Case

Linda K. Danielson, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Frank J. Soltis, Assistant Deputy Public Defender, argued the cause for respondent Russell Samuel Hall (Thomas S. Smith, Jr., Acting Public Defender, attorney; Frank J. Soltis and Faye R. Puddington, Designated Counsel, on the briefs).

Philip A. Ross, Designated Counsel, argued the cause for respondent Rufus Hudson (Thomas S. Smith, Jr., Acting Public Defender, attorney; Philip A. Ross and Lennox S. Hinds, Designated Counsel, on the briefs).


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

The question in this appeal is whether the convictions of two defendants who knew the date, time, and place of their joint trial should be vacated because they left the courtroom before trial commenced. At issue is the application of Rule 3:16, which provides in relevant part:

The defendant shall be present at every stage of the trial including the impaneling...

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