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STATE v. BEY

736 A.2d 469 (1999)

161 N.J. 233

STATE of New Jersey, Plaintiff-Respondent, v. Marko BEY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Claudia Van Wyk, Deputy Public Defender II, and Sylvia M. Orenstein, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney).

Alton D. Kenney, First Assistant Prosecutor, for plaintiff-respondent (John A. Kaye, Monmouth County Prosecutor, attorney; Mark P. Stalford, Assistant Prosecutor, of counsel and on the brief).

Catherine A. Foddai, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

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

Defendant, Marko Bey, appeals as of right under Rule 2:2-1(a)(3) from the denial of his petition for post-conviction relief from his death sentence. He contends that he received ineffective assistance of counsel at his second penalty-phase trial for the murder of Carol Peniston. Specifically, he maintains that his attorney insufficiently investigated and presented...

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