Supreme Court of New Jersey

The State of New Jersey, Plaintiff-Appellant v. Anthony Spano, Defendant-Respondent

May 7, 197464 N.J. 566

Summary

The New Jersey Supreme Court reversed Anthony Spano’s conviction and remanded for a new trial, holding that the assistant prosecutor’s opening‑statement comment violated the defendant’s Fifth Amendment right against self‑incrimination. The Court found the comment to be plain error that prejudiced the jury and therefore required reversal.