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STATE v. CARRION-COLLAZO

221 N.J. Super. 103 (1987)

534 A.2d 21

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARIANO CARRION-COLLAZO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1987.

Attorney(s) appearing for the Case

Steven P. Goodell, Assistant Prosecutor, argued the cause for appellant (Paul T. Koenig, Jr., Mercer County Prosecutor, attorney; Steven P. Goodell, of counsel and on the letter brief).

Bernadette DeCastro, Assistant Deputy Public Defender, argued the cause for respondent (Alfred A. Slocum, Public Defender, attorney; Bernadette DeCastro, of counsel and on the letter brief).

Before Judges SHEBELL, GAYNOR and A.M. STEIN.

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

This is a case of first impression in New Jersey. The State appeals the Law Division's February 1987 granting of defendant's motion for post-conviction relief which vacated defendant's convictions and sentences and granted a new trial. The motion judge found that the State's failure to show a voluntary waiver by defendant of his right to wear civilian clothes at trial

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