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IN RE CUSTODIAN OF RECORDS

No. A-0924-10T3.

19 A.3d 1032 (2011)

420 N.J. Super. 182

In the Matter of Subpoena Duces Tecum on CUSTODIAN OF RECORDS, CRIMINAL DIVISION MANAGER, Morris County.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 2011.

Attorney(s) appearing for the Case

Mark G. Eliades , Supervising Deputy Attorney General, argued the cause for appellant State of New Jersey ( Paula T. Dow , Attorney General, attorney; Mr. Eliades, of counsel and on the brief; Paul Salvatoriello , Deputy Attorney General, on the brief).

John J. McMahon , Chief Trial Attorney, argued the cause for respondent Alphonso Cataldo ( Yvonne Smith Segars , Public Defender, attorney; Mr. McMahon , of counsel and on the brief).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The issue presented by this appeal is whether a defendant's application for representation by the Public Defender and the factual materials submitted in support of that application are protected by the attorney-client privilege. We conclude that under the circumstances of this case, where defendant's application for representation by the Public Defender...

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