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STATE v. CANTALUPO

187 N.J. Super. 113 (1982)

453 A.2d 913

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONATO CANTALUPO AND PATRICK LEONARD CANTALUPO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1982.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, for appellant Donato Cantalupo (Arnold C. Lakind, designated counsel, of counsel and on the letter brief).

Joseph H. Rodriguez, Public Defender, for appellant Patrick Leonard Cantalupo (Murray Gendzel, Pool Attorney, of counsel and on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, for respondent (Harold J. Bush, Deputy Attorney General, of counsel and on the brief).

Before Judges FURMAN, TRAUTWEIN and GAULKIN.

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

This joint appeal raises questions, as to defendant Donato Cantalupo, concerning the propriety of the trial judge's refusal to order the Public Defender to provide transportation for alleged alibi witnesses from Florida to New Jersey and whether the destruction of a codefendant's taped statement deprived defendant of a fair trial. Issues raised as to codefendant...

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