STATE v. SANTIAGO


267 N.J. Super. 432 (1993)

631 A.2d 997

STATE OF NEW JERSEY, PLAINTIFF, v. OSVALDO SANTIAGO, DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

Decided June 24, 1993.


Attorney(s) appearing for the Case

George S. Davey, Assistant Prosecutor, for the State, (Ronald S. Fava, Passaic County Prosecutor, attorney).

Miles R. Feinstein, for Defendant.


De LUCCIA, J.S.C.

This case raises the question whether a defendant in a criminal trial has been denied rights guaranteed under the Sixth Amendment of the federal Constitution as well as article I, paragraph 10 of the New Jersey Constitution when, due to inadvertence, confidential and privileged communications between defendant and defense counsel are recorded on the court's sound recording system.

This issue developed in the following fashion. On April 28...

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