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IN RE PETITION TO COMPEL TESTIMONY OF TUSO

73 N.J. 575 (1977)

376 A.2d 895

IN THE MATTER OF THE PETITION TO COMPEL TESTIMONY OF THOMAS K.J. TUSO, UNDER N.J.S.A. 2A:81-17.3.

The Supreme Court of New Jersey.

Decided June 30, 1977.

Attorney(s) appearing for the Case

Mr. Robert J. Del Tufo, First Assistant Attorney General, and Mr. Mark J. Malone, Deputy Attorney General, argued the cause for appellant Mr. William F. Hyland, Attorney General of New Jersey (Mr. Hyland, attorney).

Mr. Marvin D. Perskie argued the cause for respondent (Messrs. Perskie and Callinan, attorneys).

The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

The Appellate Division reversed an order of the Law Division directing Thomas K.J. Tuso to testify before a State grand jury (Grand Jury No. 27) under and pursuant to N.J.S.A. 2A:81-17.3 ("Witness Immunity Act") on the ground that there was "no public need" for the information sought of the witness and that compelling him to testify under the circumstances would be "stripping...

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