STATE v. FUSCO


93 N.J. 578 (1983)

461 A.2d 1169

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LAWRENCE J. FUSCO, II, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 14, 1983.


Attorney(s) appearing for the Case

John J. D'Anton, Designated Counsel, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Marc J. Friedman, Assistant Prosecutor, argued the cause for respondent (George L. Schneider, Essex County Prosecutor, attorney).

Ronald Susswein, Deputy Attorney General, argued the cause for amicus curiae Attorney General of the State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by GARIBALDI, J.

This appeal involves defendant's right to assistance of counsel, pursuant to the Sixth Amendment to the United States Constitution and Article I, Paragraph 10 of the New Jersey Constitution. Specifically, the issue presented is whether a court order prohibiting defendant from discussing his testimony with his attorney during an overnight recess deprives defendant of his...

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