State of New Jersey, Plaintiff-Appellant v. James A. Deatore and David J. Mallon, Defendants-Respondents

Summary

The New Jersey Supreme Court affirmed the Appellate Division's reversal of both defendants' armed robbery convictions, holding that (1) the prosecution may not cross‑examine a defendant about his pre‑arrest silence to impeach credibility, and (2) the trial judge erred by refusing to further inquire into a juror's acquaintance with a victim, requiring a new trial for both defendants. Justice Pashman's partial dissent argued that the prejudice from the improper questioning should also invalidate Mallon's conviction.