State v. Fusco

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal involves defendant’s right to assistance of counsel, pursuant to the Sixth Amendment to the United States Constitution and Article I, Paragraph 10 of the New Jersey Constitution. Specifically, the issue presented is whether a court order prohibiting defendant from discussing his testimony with his attorney during an overnight recess deprives defendant of his constitutionally guaranteed right to assistance of counsel. We hold that it does.

Defendant, Lawrence J. Fusco, II, was charged in two indictments with murder while armed,…