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STATE v. BOIARDO

82 N.J. 446 (1980)

414 A.2d 14

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUGGERIO BOIARDO, DEFENDANT, AND 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 5, 1980.

Attorney(s) appearing for the Case

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

Anthony J. Parrillo, Deputy Attorney General, submitted a brief on behalf of respondent State of New Jersey (John J. Degnan, Attorney General of New Jersey, attorney; G. Michael Brown, Assistant Attorney General, of counsel).

Miles Feinstein submitted a joint brief on behalf of defendants-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, Jr., attorney for defendant Angelo Carmen Sica).

Thomas J. Cafferty and A.F. McGimpsey, Jr. submitted a brief on behalf of amicus curiae New Jersey Press Association (Seiffert, Frisch, McGimpsey & Cafferty, attorneys).

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

We are asked in this case to review the order of a trial court directing Robin Goldstein, a newspaper reporter, to produce a letter for in camera inspection sent to her by Patrick J. Pizuto, a prospective prosecution witness in a criminal trial. Seeking to use the letter to impeach Pizuto's testimony, four defendants at the trial applied for judicial enforcement of a subpoena duces tecum served...

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