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STATE v. CARRERO

Nos. A-3232-11T3, A-4319-11T1

54 A.3d 318 (2012)

428 N.J. Super. 495

STATE of New Jersey, Plaintiff-Appellant, v. Michael CARRERO, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Andres F. Baluski, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 2012.

Attorney(s) appearing for the Case

Robyn B. Mitchell , Deputy Attorney General, argued the cause for appellant ( Jeffrey S. Chiesa , Attorney General, attorney; Ms. Mitchell, of counsel and on the brief).

Samuel Louis Sachs , East Windsor, argued the cause for respondent Michael Carrero in A-3232-11 (Law Offices of Samuel Louis Sachs, attorney; Lauren E. Scardella , of counsel and on the brief).

Steven W. Hernandez argued the cause for respondent Andres F. Baluski in A-4319-11.

Before Judges PARRILLO, SABATINO and FASCIALE.

The opinion of the court was delivered by

SABATINO, J.A.D.

These two interlocutory appeals, which we consolidate for the purposes of this opinion, arise from similar orders of the Law Division granting defendants certain discovery in drunk driving prosecutions. Specifically, the orders permit defense counsel and defense experts to inspect and photograph rooms within the police stations where defendants respectively provided breath samples for the Alcotest...

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