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) cross‑examination of a defendant about his silence or failure to disclose an exculpatory story to police at or near arrest is improper under the privilege against self‑incrimination, and (2) the trial judge erred by refusing to further examine a juror who knew a victim, requiring a new trial. The Court also noted that the prejudice from the improper questioning did not automatically extend to the non‑testifying co‑defendant.