STATE OF NEW JERSEY VS. CHRISTOPHER MAZZARISI
A-1860-13T4
In this case, we examine the application of the Supreme
Court's decisions in State v. Sugar (Sugar I), 84 N.J. 1 (1980),
and State v. Sugar (Sugar II), 100 N.J. 214 (1985) to a case in
which police surreptitiously recorded conversations between a
defendant and his attorney when defendant surrendered after
charges had been filed, a witness reported defendant had fired a
gun at her, a search warrant was issued, and officers executing
the warrant at defendant's residence observed a bullet hole in
the wall and seized a gun and shell casing. Although we
conclude the intrusion did not constitute a violation of the
Sixth Amendment, we affirm the order excluding the testimony of
three police witnesses and reverse an order that dismissed the
indictment without prejudice.