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STATE v. MAUTI

A-48 September Term 2010

33 A.3d 1216 (2012)

208 N.J. 519

STATE of New Jersey, Plaintiff-Appellant, v. James J. MAUTI, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 23, 2012.

Attorney(s) appearing for the Case

Sara B. Liebman, Assistant Prosecutor, argued the cause for appellant (Theodore J. Romankow, Union County Prosecutor, attorney).

Joseph L. Garrubbo, Westfield, argued the cause for respondent James Mauti (Garrubbo Capece & Millman and Gibbons, attorneys; Michael A. Baldassare and Jennifer Mara, Newark, on the brief).

Remi L. Spencer argued the cause for respondent Jeannette Mauti (Spencer & Associates, attorneys).

Mary E. McAnally, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice LONG delivered the opinion of the Court.

The issue in this appeal is whether, at the State's behest, the spousal privilege embodied in N.J.R.E. 501(2) can be pierced by application of the factors we set forth in In re Kozlov, 79 N.J. 232, 398 A.2d 882 (1979).1 The trial judge, guided by Kozlov, ordered a wife to testify as a witness in a sexual...

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