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STATE v. IRIZARRY

271 N.J. Super. 577 (1994)

639 A.2d 305

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD IRIZARRY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1994.

Attorney(s) appearing for the Case

John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant (Clifford J. Minor, Essex County Prosecutor, attorney).

Joseph E. Krakora, Deputy Public Defender II, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

Paul H. Heinzel, Deputy Attorney General, argued the cause for amicus curiae Attorney General's Office (Fred DeVesa, Acting Attorney General, attorney).

Before Judges BRODY, STERN and KEEFE.

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

We granted the State's motion for leave to appeal an interlocutory order of the Law Division in this capital murder case to decide the following questions:

I. DOES PROTECTION OF DEFENDANTS PRIVILEGE AGAINST SELF-INCRIMINATION REQUIRE DISQUALIFICATION OF THE ENTIRE ESSEX COUNTY PROSECUTOR'S OFFICE? II. DOES THE FACT THAT A DEFENDANT MAY CALL A MEMBER OF THE PROSECUTOR'S OFFICE AS A DEFENSE WITNESS...

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