Daily News from New York, New York • 688

VJiAO CLASSIFIED ADVERTISING IN THIS JL MJ 11 Wednesday, September 12, 1990 2d Eoofi at deatti penalty A death penalty-shy state Supreme Court broke new ground yesterday by hearing arguments in the landmark case of convicted multiple murderer Richard Biegen- o)S3Dl1S wald, whose case is the first capital punishment trial to twice reach the high tribunal. If the death sentence is upheld when the court rules at a later date, Biegenwald, 50, could be the first death row inmate to die by lethal injection under New Jersey's 8- year-old capital punishment law. Prosecutors did not seem to be daunted by the fact that Chief Justice Robert Wilentz and his court have thrown out every death penalty case to come before By JOAN SHEPARD them 24 in a row including Biegenwald's first death sentence in 1987. "I think the court is waiting for the right case and they want to make sure everything is right," said Deputy At torney General Cherrie Black. "I think it meant what it said when it upheld the constitutionality of the death penalty, and when the right case comes along, I think they'll affirm it.

I do think this is the right one." "I think it was properly done this time," agreed Mark Stalford, an assistant prosecutor in Monmouth County, where the crime occurred. "We followed all the instruc tions that the court issued in their first opinion. "Now we feel it's been done in accordance with the statute and the court's interpretation of the statute and that it is a proper death penalty," he said. Biegenwald was first sentenced to death in 1983 for the murder of Anna Olesiewicz, 19, whom he had met on the boardwalk in Asbury Park. The state Supreme Court overturned that sentence on a technicality in 1987.

In January 1989, a new jury again sentenced Biegen wald to death, triggering an automatic appeal to the president, was read by radio personality Eddie O'Jay. Sutton said he was opposed to the designation of the Salvation Army building. "I am afraid designation will be a burden (to the Salvation Army)," Sutton said in his letter. Opposition from bank The owners of the Apple Bank at 72d St. and Broadway opposed the commission's desire to landmark the interior of the building, which has an exterior designation But landmarks preservationists, including the American Society of Interior Designers and the Society of Cast Iron, cited the bank's extraordinary interior ironwork as worthy of protection.

"The ironwork was done by Samuel Yellin," said Margot Gayle, of Friends of Cast Iron. "He was the master of American ironwork. There is a Yellin museum in Philadelphia." Other items included: Astoria Play Center in Queens; the Brooklyn Clay Retort and Fire Brick Works, the Swiss Center Building at 49th St and Fifth the Waldorf Astoria Hotel. 50th and Park the I. Miller Building, 46th St and Broadway, and an old stable building at 1289 W.

18th St The commission will vote on these buildings at a date to be announced. Commission permits will be issued until the stop-work order is removed. In order to get the order removed, the apartment's owner must restore the original windows or install new windows approved by the Landmarks Commission, according to a spokesman. "The commission was notified about the illegal window removal by a building manager," a commission spokesman said. At the regular commission public hearing yesterday, Salvation Army officials vigorously opposed designation of its Territorial Headquarters Building at 120 W.

14th St, a designation that has been under discussion at the commission since 1982. Although the building was designed by a prominent architectural firm, Voorhees, Gmelin and Walker, the Salvation Army building is not the best of the firm's work, according to William Shop-sin, an architect who testified on behalf of the Salvation Army. "The three monumental buildings from this firm are the Barclay Vesey Building, 140 West St; the Western Union Building on Hudson and the Irving Trust Building on Wall Street, none of which have been land-marked," he said. A letter from Percy Sutton, former Manhattan borough Mannartan Cultural Affairs Editor The Landmarks Preservation Commission issued a stop-work order yesterday for the illegal removal of windows in a historic Art Deco Central Park West apartment building. Thirteen windows of a 17th-floor apartment in the El Dorado, an official city Art Deco landmark building, 300 Central Park West at 90th had been removed.

Yesterday morning, the commission sent an inspector to the building who issued the stop-work order. "We would like to have the windows put back in," said Alex Herrera, the commission's director of Preservation. "This is the most flagrant violation in a landmark building I have ever seen," said Herrera, who has worked at the commission for 10 years. Had issued permit Neither the apartment's owner, Bruce Llewellyn, nor the co-op board was available for comment. Herrera said that the apartment's owner had to know that the building was a landmark because the commission issued a permit for the interior renovations requested by the owner.

The stop-work order is against the entire building, and no future Landmarks state Supreme Court. In addition to the murder of Olesiewicz, Biegenwald was convicted of one other murder and pleaded guilty to two murders of young women in the Monmouth-Ocean County area during the early 1980s. Prosecutors also suspect him in a fifth slaying. Defense attorneys James Smith Jr. and Stephen Caruso hinged Biegenwald's latest appeal on a variety of arguments, including ineffective counsel, prosecutorial misconduct and an inadequate jury selection process.

Their primary argument centered on whether the judge erred by not asking potential jurors if they could impartially decide Biegenwald's fate after learning that he had two prior murder convictions. Because the jury was not informed of that fact until after it had been selected, seated and the death penalty phase of the trial was under way. Smith argued that Biegenwald was deprived of his right to an unbiased jury. MICIIELE DIGIROLAMO The Associated Press v1 Sock Iraq WASHINGTON Coun i raft 'i mmtrnt- mntr rrWurinr c- nr tries that violate a United Nations embargo against Iraq should be denied U.S. economic and military aid.

Sen. Frank Lautenberg (D-N. said yesterday. expected to be approved later this month by the center's board of trustees, was made "after a thorough search," said Alan Kaufman, the director of the Department of Human Services' Division of Mental Health and Hospitals. The center, the only state-operated psychiatric hospital for children, has about 60 patients.

A court-ordered report issued last month urged that the state close the Lautenberg, a member of tfiSfr 6t the Senate Appropriations subcommittees on defense and foreign operations, introduced legislation to penalize nations that 5 "1 continue to trade with Iraq. They include Jordan and other Arab nations, said a statement issued by Lautenberg. New post Vincent Giampeitro, the director of operations of the state's four residential treatment centers for center and instead provide care in community-based settings for the adolescents. New prosecutor Gov. Florio has reappointed Jeffrey S.

Blitz as Atlantic City prosecutor. Blitz, who is a Republican, has served in the county since 1985. Florio said Blitz' office has one of the best records in the state for processing incases vm.S' i "4. troubled adolescents, has been named the chief executive officer of the Arthur Brisbane Child Treatment Center, officials announced. Giampeitro's appointment, which LABOR DAY is a cutoff date only for working wretches.

Those lucky enough to be off on Tuesday, or tsraart enough to take time off in to spend a golden yesterday like this couple at Jones Beach listenirtgto a radio in the sunli dckmwcaiiuso daily news.