STATE v. PORTASH


151 N.J. Super. 200 (1977)

376 A.2d 950

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH S. PORTASH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1977.


Attorney(s) appearing for the Case

Mr. Michael E. Wilbert argued the cause for appellant (Messrs. Wilbert, Clyne & Montenegro, attorneys).

Mr. Benjamin D. Leibowitz, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges BISCHOFF, MORGAN and KING.


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

In this appeal from his conviction of statutory extortion (N.J.S.A. 2A:105-1) defendant challenges a trial court ruling permitting state use of defendant's grand jury testimony, compelled under a grant of immunity, as a means of impeaching the credibility of his trial testimony. In reliance upon this ruling defendant declined to testify in his own behalf. We reverse.

According to the State's theory...

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