STATE v. GORDON


261 N.J. Super. 462 (1993)

619 A.2d 259

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID GORDON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1993.


Attorney(s) appearing for the Case

John E. Schwartz, attorney for appellant.

W. Michael Murphy, Jr., Morris County Prosecutor, attorney for respondent (Joseph Connor, Jr., Assistant Prosecutor, on the brief).

Before Judges PETRELLA and LONG.


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

The sole issue on this appeal is whether the change in police policy in Randolph Township, which resulted in the discontinuing of videotaping in driving under the influence cases, operated to deprive the defendant, David Gordon, of the opportunity to preserve evidence and thereby violated his right to due process under the law.

After the denial in both the municipal court and the Law Division of...

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