May 9, 1995
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
ROBERT MCQUAID, DEFENDANT-PETITIONER.
ON PETITION FOR CERTIFICATION
To the Appellate Division, Superior Court:
A petition for certification of the judgment in A-401-92T4 having been submitted to this Court, and the Court having considered the same;
And it appearing to the Court that the Appellate Division premised its decision denying post-conviction relief on an incorrect assumption that death-eligibility under the "own conduct" requirement of N.J.S.A. 2C:11-3c was not established until State v. Gerald, 113 N.J. 40 (1988);
And good cause appearing;
IT IS ORDERED that certification is granted, and the matter is summarily remanded to the Appellate Division for reconsideration of the appeal.
WITNESS, the Honorable Alan B. Handler, Presiding Justice, at Trenton, this 9th day of May, 1995.