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STATE v. HOGAN

764 A.2d 1012 (2001)

STATE of New Jersey, Plaintiff-Appellant, v. John HOGAN and James Kenna, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 2001.

Attorney(s) appearing for the Case

Richard W. Berg, Assistant Attorney General, argued the cause for appellant (John J. Farmer, Jr., attorney; Mr. Berg, on the brief).

Philip De Vencentes, Hackensack, argued the cause for respondent John Hogan (Galantucci & Patuto, attorneys; Mr. De Vencentes, on the brief).

David W. Fassett, Chatham, argued the cause for respondent James Kenna (Arseneault & Fassett, attorneys; Mr. Fassett, on the brief).

Before Judges BAIME, WALLACE, and CARCHMAN.

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

This appeal presents novel questions concerning the existence and scope of a prosecutor's duty to instruct a grand jury on the law relating to defenses and justifications. Also at issue is whether the indictment against defendants was tainted by prosecutorial misconduct. In dismissing the indictment, the judge determined that the deputy attorney general inadequately...

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