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State v. Zimmerman

July 28, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DAVID ZIMMERMAN, DEFENDANT.
I/M/O MUSTAFA STRIBLING APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 06-03-0826.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 8, 2008

Before Judges C.S. Fisher and Grall.

Mustafa Stribling appeals from an order committing him to the Essex County Correctional Facility for a term of six months for "violation of Rule 1:10-1, based upon his refusal to testify" at defendant David Zimmerman's criminal trial. Because an immediate adjudication of contempt was not "necessary to permit the proceeding to continue in an orderly and proper manner," we reverse. R. 1:10-1(d).

The facts pertinent to our decision are contained in a transcript of a hearing conducted during Zimmerman's trial when the jury was not present. The attorneys in court were Mr. Moskowitz and Ms. Cucinello, who were prosecuting Zimmerman, Ms. Freedman, who was representing defendant Zimmerman, and Mr. Cleary, who was representing Stribling.

DIRECT EXAMINATION [OF MR. STRIBLING] BY MR. MOSKOWITZ:

Q: Judge, he has now taken the oath. Sir, are you prepared to answer questions concerning an incident of [May] 19, 2007?

A: No.

MS. FREEDMAN: 2005.

THE WITNESS: No.

Q: You are not prepared to answer questions?

A: No.

MR. CLEARY: Your Honor, if I may, I advised Mr. Stribling that he should take the 5th Amendment. I think that's what he ...


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