MATTER OF GRAND JURY RE ACCETURO


242 N.J. Super. 281 (1990)

576 A.2d 900

IN THE MATTER OF STATE GRAND JURY INVESTIGATION (RE ANTHONY ACCETURO). ANTHONY ACCETURO, APPELLANT, v. DONALD ZELINSKI JR., RESPONDENT. (MISTAKENLY CAPTIONED IN THE MATTER OF STATE GRAND JURY INVESTIGATION (RE ANTHONY ACCETURO)).

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1990.


Attorney(s) appearing for the Case

Harold J. Ruvoldt Jr. argued the cause for appellant Anthony Acceturo in both appeals (Ruvoldt & Ruvoldt, attorneys; Harold J. Ruvoldt, Jr. and Richard A. Staggard, on the briefs).

Frank G. Iervolino, Deputy Attorney General, argued the cause for respondent State of New Jersey in A-809-89T2 (Robert J. Del Tufo, Attorney General, attorney; Frank G. Iervolino, of counsel and on the brief).

Ronald Bollheimer, Deputy Attorney General, argued the cause for respondent Donald Zelinski Jr. in A-1157-89T5 (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Donald S. Burak, Deputy Attorney General, on the brief).

A statement in lieu of brief was filed on behalf of Donald Zelinski, Superintendent, Garden State Youth and Reception Center, N.J. Department of Corrections in A-809-89T2 by Robert J. Del Tufo, Attorney General, attorney (Donald S. Burak, Deputy Attorney General, on the statement).

Before Judges KING, SHEBELL and KEEFE.


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

Appellant Anthony Acceturo appeals in the first captioned appeal from the denial by the Law Division of his motion for "an evidentiary hearing to determine whether there was any substantial likelihood that his continued incarceration would be coercive or if his incarceration is purely punitive[,]" and in the second captioned appeal he asserts that he "should...

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