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STATE v. FORT

197 N.J. Super. 113 (1984)

484 A.2d 323

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD H. FORT, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TASIN S. MUHAMMED, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 25, 1984.

Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender, for appellant Richard H. Fort (Arnold I. Budin, Designated Counsel, of counsel, and on the brief).

Richard H. Fort, appellant, filed a supplementary brief, pro se.

George L. Schneider, Prosecutor of Essex County, for respondent (Marc J. Friedman, Assistant Essex County Prosecutor, of counsel, and on the letter briefs).

Joseph H. Rodriguez, Public Defender, for appellant Tasin S. Muhammed (William E. Norris, Designated Counsel, of counsel, and on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The majority opinion of the court was delivered by J.H. COLEMAN, J.A.D.

The crucial question raised by this appeal is whether a plea agreement between the State and two codefendants, which requires them not to testify on behalf of defendants-appellants herein, automatically entitles defendants to a new trial. Stated differently, the core question is whether defendants were denied their right to compulsory process. We hold they were not.

An Essex County Grand...

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