MATTER OF GRAND JURY PROCEEDINGS OF GUARINO


104 N.J. 218 (1986)

516 A.2d 1063

IN THE MATTER OF GRAND JURY PROCEEDINGS OF JOSEPH GUARINO.

The Supreme Court of New Jersey.

Decided October 15, 1986.


Attorney(s) appearing for the Case

Nancy L. Singer, Deputy Attorney General, argued the cause for appellant State of New Jersey (W. Cary Edwards, Attorney General of New Jersey, attorney).

Robert L. Sloan argued the cause for respondent Joseph Guarino (James Logan, Jr., attorney).


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

This appeal presents the questions whether, and to what extent, the voluntarily-prepared business records of a sole proprietor are privileged against compelled self-incrimination — first, under the Fifth Amendment of the United States Constitution, U.S. Const., Amend. V, and second, under the laws of New Jersey.

I

The relevant facts in this case are undisputed. Since 1959, respondent...

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