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In re Levy

New Jersey Superior Court, Appellate Division


Decided: December 10, 1979.

IN THE MATTER OF THE GRAND JURY SUBPOENA DUCES TECUM SERVED UPON S. DAVID LEVY, DEPUTY PUBLIC DEFENDER, UNION COUNTY

On appeal from Superior Court, Law Division, Union County, whose opinion is reported at 165 N.J. Super. 211 (1978).

Seidman, Michels and Devine.

Per Curiam

[171 NJSuper Page 476] The order denying the motion to quash the grand jury subpoena duces tecum, served upon the Deputy Public Defender for the

[171 NJSuper Page 477]

Union County Region, is affirmed substantially for the reasons expressed by Judge DiBuono in his written opinion, reported at 165 N.J. Super. 211 (Law Div.1978).

We add that in the event the Public Defender should claim that one or more of the documents referred to in the said subpoena are protected from disclosure by the attorney-client privilege, he is at liberty to apply to the trial court for an order directing that the documents be submitted for an in camera inspection by the court and determination whether they constitute privileged material. Cf. In re Farber , 78 N.J. 259 (1978), cert. den. 439 U.S. 997, 99 S. Ct. 598, 58 L. Ed. 2d 670 (1978).

Affirmed.

19791210


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