State of New Jersey, Plaintiff-Respondent v. Henry Kunz, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that denying the defendant access to the presentence report violated his due‑process rights, and therefore set aside the sentence and remanded for resentencing after the report is disclosed and the defendant is given a fair opportunity to address any adverse material. The Court also announced a new rule requiring disclosure of presentence reports to defendants. Two dissenting justices argued that the rule should not be changed without further study.