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STATE v. BOIARDO

83 N.J. 350 (1980)

416 A.2d 793

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUGGERIO BOIARDO, DEFENDANT, v. ANTHONY DEVINGO, ANDREW GERARDO, JAMES VITO MONTEMARANO AND ANGELO CARMEN SICA, DEFENDANTS-RESPONDENTS. IN THE MATTER OF THE APPLICATION OF ROBIN GOLDSTEIN RE: SUBPOENA. (ROBIN GOLDSTEIN, APPELLANT).

The Supreme Court of New Jersey.

Decided May 21, 1980.

Attorney(s) appearing for the Case

Frederick W. Rose submitted a brief on behalf of appellant (Young, Rose & Millspaugh, attorneys).

John DeCicco and Bruce M. Merrill, Deputy Attorneys General, submitted a brief on behalf of respondent State of New Jersey (John J. Degnan, Attorney General of New Jersey, attorney; John DeCicco and Bruce M. Merrill, Deputy Attorneys General, and G. Michael Brown, Assistant Attorney General, of counsel).

Miles Feinstein submitted a joint brief on behalf of respondents (Miles Feinstein, attorney for defendant Anthony DeVingo; John V. Vantuno, attorney for defendant Andrew Gerardo; John P. Doran, attorney for defendant James Vito Montemarano; and Joseph A. Ferrante, attorney for defendant Angelo Carmen Sica).

The opinion of the Court was delivered by WILENTZ, C.J.

We are called upon for the second time in this ongoing criminal case to review the trial court's order that a reporter turn over certain letters to the court for in camera inspection. On our first review, we reversed an earlier, similar order, holding that defendants had not made a sufficient showing under the new shield law (N.J.S.A. 2A:84A-21.1 et seq.) to warrant compelled production....

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