STATE v. MARTINEZ

DOCKET NO. A-3479-18T4.

220 A.3d 498 (2019)

461 N.J.Super. 249

STATE of New Jersey, Plaintiff-Respondent, v. Gregory A. MARTINEZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 2019.


Attorney(s) appearing for the Case

Jeffrey S. Farmer argued the cause for appellant (Mazraani & Liguori LLP, attorneys; Jeffrey S. Farmer and Joseph M. Mazraani , North Brunswick, on the briefs).

Joie D. Piderit , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Christopher L.C. Kuberiet , North Brunswick, Acting Middlesex County Prosecutor, attorney; Joie D. Piderit, of counsel and on the briefs).

Valeria Dominguez , Deputy Attorney General, argued the cause for amicus curiae State of New Jersey Office of the Attorney General ( Gurbir S. Grewal , Attorney General, attorney; Valeria Dominguez, of counsel and on the briefs).

Joseph J. Russo , Deputy Public Defender, argued the cause for amicus curiae State of New Jersey Office of the Public Defender ( Joseph E. Krakora , Public Defender, attorney; Joseph J. Russo, of counsel and on the briefs).

John J. O'Reilly , Morristown, argued the cause for amicus curiae Association of Criminal Defense Lawyers (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; John J. O'Reilly, of counsel and on the briefs; Courtney A. Johnson , Morristown, on the brief).

Before Judges Sabatino, Sumners and Natali.


The opinion of the court was delivered by

This novel case concerns a prosecutor's office's use of body wires on a paid informant, an anticipated trial witness for the State in a narcotics case, to secretly monitor and record a criminal defense attorney's pre-trial interview of that informant.

An assistant prosecutor...

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