State v. Bey

The opinion of the Court was delivered by

POLLOCK, J.

Defendant was convicted of capital murder and sentenced to death. He appealed of right, R. 2:2-1(a)(3), challenging both the guilt and sentencing proceedings. We find no reversible error in the proceedings leading to the verdict that defendant committed capital murder and related offenses. In light of the recent decision of the United States Supreme Court in Mills v. Maryland, — US. -, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988), however, we find that the trial court erred in its charge at the penalty phase by requiring that the jury be unanimous…