STATE v. ORTEGA


198 N.J. Super. 161 (1985)

486 A.2d 904

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE ORTEGA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1985.


Attorney(s) appearing for the Case

Frank J. Sciro, Jr. argued the cause for appellant (Sciro & Marotta, attorneys; John W. Marotta, on the brief).

John C. Berndt, Assistant Prosecutor, argued the cause for respondent; Joseph A. Falcone, Passaic County Prosecutor, attorney).

Before Judges MICHELS and PETRELLA.


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

This appeal involves the issue of whether a defense investigator's tape recording of a court ordered post-indictment lineup was discoverable and admissible at trial and whether use of that tape at trial denied defendant his constitutional right to effective assistance of counsel. Defendant was convicted of murder and sentenced to 50 years in State Prison, with...

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