STATE OF NEW JERSEY VS. CHRISTOPHER MAZZARISI A-1860-13T4

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.