August 12, 2013

State v. Dabas (A-109-11; 069498)


The prosecutor’s office violated its post-indictment discovery obligations under Rule 3:13-3, when its
investigator destroyed his notes of a two-hour pre- interview of defendant. The trial court abused its discretion in denying defendant’s request for a charge that would have allowed the jury to draw an adverse inference from the destruction of the interview notes more than a year after the return of the indictment. 7-30-13

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