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STATE v. CARY

751 A.2d 620 (2000)

331 N.J. Super. 236

STATE of New Jersey, Plaintiff-Appellant, v. David CARY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 2000.

Attorney(s) appearing for the Case

Hilary L. Brunell, Executive Assistant Prosecutor, for plaintiff-appellant (Donald C. Campolo, Acting Essex County Prosecutor, attorney; Ms. Brunell, of counsel and on the brief).

Yvonne Smith Segars, First Assistant Deputy Public Defender, for defendant-respondent (Michael J. Marucci, Public Defender, attorney; Ms. Segars, on the brief).

Before Judges KING, LEFELT and LINTNER.

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

The issue presented in this interlocutory appeal is whether the cleric-penitent privilege, N.J.S.A. 2A:84A-23; N.J.R.E. 511, applies when a defendant confesses to a Baptist deacon who is also a New Jersey State Trooper. We conclude that the privilege does not apply to the communication in this case between the defendant and the deacon-trooper, and we reverse the motion judge...

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