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STATE v. CERBO

78 N.J. 595 (1979)

397 A.2d 671

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN CERBO AND JOHN BENEVENTO, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 2, 1979.

Attorney(s) appearing for the Case

Ms. Susan Slovak, Assistant Deputy Public Defender, argued the cause for appellants (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. William F. Lamb, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by HANDLER, J.

This case raises the question of whether defendants are entitled to post-conviction relief under R. 3:22-4 based upon a violation by the State of the sealing requirements of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 et seq.

On March 14, 1973, defendants John Cerbo and John Benevento, and another defendant Michael Centrone, who is not involved...

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