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STATE v. SERRET

198 N.J. Super. 21 (1984)

486 A.2d 345

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALBERTO SERRET, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1984.

Attorney(s) appearing for the Case

David E. Shaver, Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriquez, Public Defender, attorney; David E. Shaver of counsel and on the brief).

H. Rutherford Livengood, Assistant Essex County Prosecutor, argued the cause for respondent (George L. Schneider, Essex County Prosecutor, attorney; H. Rutherford Livengood, of counsel and on the brief).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

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

This appeal presents the question of whether defendant's constitutional rights of due process and confrontation were violated by reason of the State's failure to preserve physical evidence. In our view, the destruction of the "molotov cocktail" allegedly used by defendant in the attempted arson was not such a violation of defendant's rights, nor were there other...

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