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STATE v. WESSELLS

Docket No. A-1545-08T4

974 A.2d 427 (2009)

408 N.J. Super. 188

STATE of New Jersey, Plaintiff-Appellant, v. John WESSELLS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 9, 2009.

Attorney(s) appearing for the Case

Hilary L. Brunell, Executive Assistant Prosecutor, argued the cause for appellant (Paula T. Dow, Essex County Prosecutor, attorney; Ms. Brunell, on the brief).

John J. McMahon, First Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. McMahon, of counsel and on the brief).

Before Judges STERN, RODRÍGUEZ and ASHRAFI.

The opinion of the court was delivered by

RODRÍGUEZ, A.A., P.J.A.D.

We granted the State's motion for leave to appeal from the grant of defendant John Wessells' motion to suppress a custodial statement to the police. The trial court granted a stay pending appeal. We reverse and remand for trial holding that, pursuant to both the federal and New Jersey Constitutions, a person who has asserted the right to counsel during a police custodial interrogation...

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