STATE v. LEOPARDI


305 N.J. Super. 70 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL LEOPARDI, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1997.


Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, attorney for appellant (Edward C. Lehman, Designated Counsel, of counsel and on the letter-brief).

Appellant submitted a pro se supplemental brief.

Peter Verniero, Attorney General, attorney for respondent (Craig V. Zwillman, Deputy Attorney General, of counsel and on the brief).

Before Judges BAIME, BROCHIN and BRAITHWAITE.


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

The principal question presented in this case is whether defendant's right to counsel was violated by the admission at trial of an incriminating note given by him to an inmate law librarian. Although the inmate agreed to deliver the note to defendant's codefendant who was housed in a different section of the jail, he instead surrendered it to the county prosecutor. We hold that the State did not deliberately...

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