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STATE v. TIETZ

107 N.J. Super. 176 (1969)

257 A.2d 726

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DENNIS TIETZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Mr. Morton Joel Goldfein, assigned attorney, argued the cause for appellant.

Mr. Arthur J. Timins, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, attorney; Mr. Henry W. Jaeger, Assistant Prosecutor, on the brief).

Before Judges GOLDMANN, LEWIS and MATTHEWS.

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

Defendant appeals from a conviction of being under the influence of a narcotic drug (N.J.S.A. 2A:170-8). The single issue before us is whether there was a denial of due process because he was examined by a police physician but not advised that he had the right to — and was not afforded an opportunity to — secure a contemporaneous, independent...

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