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STATE v. CITO

196 N.J. Super. 220 (1984)

482 A.2d 45

STATE OF NEW JERSEY, PLAINTIFF, v. PAUL CITO, DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided June 26, 1984.

Attorney(s) appearing for the Case

Lori La Mendola Spagnoli for plaintiff (Nicholas L. Bissell Jr., Prosecutor of Somerset County, attorney).

Paul Cito, defendant pro se.

IMBRIANI, J.S.C.

May a defendant call before a jury a witness who states in advance that he will exercise his Fifth Amendment privilege and refuse to answer any questions? The State is precluded from doing so, but unexplained dicta in a footnote in State v. Jamison, 64 N.J. 363 (1974) states that:

[n]o similar policy considerations would seem to apply ... where...

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