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STATE v. BARRISE

173 N.J. Super. 549 (1980)

414 A.2d 989

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NICHOLAS BARRISE, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CONCETTA DE HART, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Remanded November 14, 1979.

Reargued April 29, 1980.

Decided May 9, 1980.

Attorney(s) appearing for the Case

Barry G. Evertz argued the cause for appellant Nicholas Barrise.

Donald Goldman argued the cause for appellant Concetta DeHart.

Michael Albertine, Assistant Essex County Prosecutor, argued the cause for respondent (John J. Degnan, Attorney General of New Jersey, attorney; Donald S. Coburn, Essex County Prosecutor, of counsel; Marc J. Friedman, Deputy Attorney General, on the brief).

Before Judges FRITZ, KOLE and LANE.

The opinion of the court was delivered by KOLE, J.A.D.

In our opinion of November 14, 1979 we remanded this matter for a plenary hearing and findings on the issue of whether the State had provided a "satisfactory explanation" for the 40-day delay in sealing the tapes obtained during the wiretap. See State v. Cerbo, 78 N.J. 595 (1979) (hereafter Cerbo). We reserved for determination the questions of whether defendants ...

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