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STATE v. JACKSON

A-11 September Term 2019 082735.

233 A.3d 440 (2020)

243 N.J. 52

STATE of New Jersey, Plaintiff-Respondent, v. Michael A. JACKSON, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 2, 2020.

Attorney(s) appearing for the Case

Peter T. Blum , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Peter T. Blum , of counsel and on the briefs).

Milton S. Leibowitz , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Lyndsay V. Ruotolo , Acting Union County Prosecutor, attorney; Milton S. Leibowitz , of counsel and on the briefs, and Michele C. Buckley , Special Deputy Attorney General/Acting Assistant Prosecutor, on the briefs).

Alexander Shalom argued the cause for amicus American Civil Liberties Union of New Jersey (American Civil Liberties of New Jersey Foundation, attorneys; Alexander Shalom , Elyla Huertas , and Jeanne LoCicero , on the brief).

Michael Gilberti argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Jardim Meisner & Susser, attorneys, Florham Park; Michael Gilberti , on the brief).

Adam D. Klein , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Adam D. Klein , of counsel and on the brief).

In this appeal, we address whether a defendant facing the same charges as a cooperating witness should be barred from exploring that adverse witness's sentencing exposure. Under the circumstances here, we find defendant was deprived of his right to confrontation and denied a fair trial.

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