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STATE v. KORKOWSKI

312 N.J. Super. 429 (1998)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RAYMOND KORKOWSKI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 1998.

Attorney(s) appearing for the Case

John J. Mercun, Special Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General, attorney; Mr. Mercum and Nancy L. Faust, Deputy Attorney General, on the brief).

Dennis J. Haag argued the cause for respondent.

Before Judges BAIME, WEFING and BRAITHWAITE.

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

The State appeals, by leave granted, from an interlocutory order granting defendant's motion to preclude the State from using defendant's grand jury "testimony and evidence derived therefrom" in prosecuting defendant for official misconduct and conspiracy. See N.J.S.A. 2A:81-17.2a2. On appeal, the State contends:

POINT I DEFENDANT RAYMOND KORKOWSKI FAILED TO CLAIM THE PRIVILEGE...

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