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STATE v. COHEN

Docket No. A-3682-08T4

68 A.3d 892 (2009)

431 N.J. Super. 256

STATE of New Jersey, Plaintiff-Appellant, v. Neil COHEN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2009.

Attorney(s) appearing for the Case

Anthony A. Picione , Deputy Attorney General, argued the cause for appellant ( Anne Milgram , Attorney General, attorney; Mr. Picione and Robert C. Rowbotham, II , Deputy Attorney Generals, of counsel; Johanna Barba Jones , Deputy Attorney General, on the brief).

Mark H. Tuohey, III (Vinson & Elkins) of the District of Columbia bar, admitted pro hac vice, argued the cause for respondent ( Rogut McCarthy and Mr. Tuohey , attorneys; Mr. Tuohey , Andrea L. Surratt (Vinson & Elkins) of the District of Columbia bar, admitted pro hac vice, Daniel J. McCarthy , Cranford, and Colleen E. Patterson , of counsel and on the brief).

Gibbons P.C., attorneys for amicus curiae Association of Criminal Defense Lawyers of New Jersey ( Lawrence S. Lustberg , Newark, on the brief).

Before Judges CARCHMAN, R.B. COLEMAN and SABATINO.

PER CURIAM.

This appeal requires us to balance the competing interests of a criminal defendant who seeks discovery of materials that go to the essence of the underlying charged offenses, with the public interest in prohibiting the dissemination of the same materials — contraband child pornography. The trial judge fashioned a protective order that, by its terms, provided for defendant's discovery of the relevant materials but established strict guidelines that...

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