State v. Patton

I agree with the majority that N.J.S.A. 2C:35-10c violates defendant’s privilege against self-incrimination as guaranteed by the common law of this State and by the Fifth Amendment of the United States Constitution. I respectfully disagree, however, that engrafting use-and fruits-immunity on the statute is consistent with the legislative intent. Ante at 402, 627 A.2d at 1119. With one exception, I dissent substantially for the reasons set forth in the opinion of the Appellate Division, 256 N.J.Super. 413, 607 A.2d 191 (1992). The exception is that I find the statute facially unconstitutional.

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