STATE v. VINEGRA


134 N.J. Super. 432 (1975)

341 A.2d 673

THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. VICTOR VINEGRA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1975.


Attorney(s) appearing for the Case

Mr. Elson P. Kendall, Assistant Prosecutor, argued the cause on behalf of appellant (Mr. Karl Asch, Union County Prosecutor, attorney).

Mr. Michael D. Schottland argued the cause on behalf of respondent (Messrs. Chamlin, Schottland & Rosen, attorneys; Mr. Thomas W. Cavanagh, Jr., on the brief).

Before Judges CARTON, CRANE and KOLE.


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

The issue to be resolved in this case is whether the trial judge properly dismissed the first seven counts of the indictment against defendant on the ground that his Fifth Amendment rights were violated by his being interrogated before the grand jury which indicted him.

The information which led to defendant's indictment first came to light during the course of a civil trial in the Law Division in Union...

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