State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Victor McCrary, Defendant-Respondent and…

Summary

The Court held that a trial court may conduct a pre‑trial review of a prosecutor's alleged aggravating factors in a capital case, using a summary proceeding and permitting hearsay evidence; the defendant bears the burden to show evidence is clearly lacking, and dismissal of an aggravating factor is without prejudice. The decision was affirmed and the case remanded for further proceedings. Justice HANDLER, concurring, expressed reservations about the evidential standards and emphasized the need to guard against arbitrary prosecutorial discretion.