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STATE v. CARMINATI

170 N.J. Super. 1 (1979)

405 A.2d 456

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANTHONY CARMINATI, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SALVATORE "SAM" BADELAMENTI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1979.

Attorney(s) appearing for the Case

Mr. Paul J. Giblin argued the cause for appellant Carminati.

Mr. Frederick Klaessig argued the cause for appellant Badelamenti.

Mr. Blair R. Zwillman, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Before Judges FRITZ, BISCHOFF and MORGAN.

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

At the heart of these consolidated appeals is the propriety of a joint jury trial of a charge of conspiracy to obstruct justice (N.J.S.A. 2A:85-1 and N.J.S.A. 2A:98-1) with charges of perjury and false swearing (N.J.S.A. 2A:131-4 and N.J.S.A. 2A:131-1) arising out of testimony before the grand jury investigating the conspiracy compelled by a grant of use and fruits immunity. Also...

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