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STATE v. POSTORINO

253 N.J. Super. 98 (1991)

601 A.2d 223

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARIO POSTORINO AND DAVID ANAGNOS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 1991.

Attorney(s) appearing for the Case

Catherine Foddai, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, Richard T. Carley, Assistant Attorney General, of counsel and on the letter brief).

Jean deSales Barrett argued the cause for respondent David Anagnos (Ruhnke & Barrett, attorneys, David A. Ruhnke, on the joint letter brief).

Michael Critchley argued the cause for respondent Mario Postorino (Michael Critchley, on the joint letter brief).

Alan L. Zegas, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Alan L. Zegas on the letter brief).

Before Judges O'BRIEN, HAVEY and CONLEY.

The opinion of the court was delivered by CONLEY, J.S.C. (temporarily assigned).

In this interlocutory appeal the State challenges an order permitting defendants to ask a principal State witness on cross-examination his current name and address. Although the State objected on the basis of prior threats of harm to the witness attributed to defendants some three years earlier, the trial court concluded the defendants' sixth amendment right to confrontation outweighed...

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