State v. Wright

The opinion of the court was delivered by

STEINBERG, J.S.C.

On this appeal, we are confronted by issues of whether double jeopardy or fundamental fairness preclude retrial of defendant on drug trafficking charges after the trial court set aside defendant’s conviction for the failure of the investigating police to apprise the prosecutor of the use of a confidential informant in the events giving rise to the indictment. The police failure prevented prosecutorial compliance with R. 3:13-3 discovery or, alternatively, prevented the prosecutor from seeking a protective order under R. 3:13 — 3(f). We…