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

Summary

The Supreme Court of New Jersey held that a defendant denied access to the presentence report at sentencing violated fundamental fairness, and therefore the sentence was set aside and the case remanded for resentencing after the defendant is provided a copy of the report and a fair opportunity to contest any adverse material. The Court also announced a new rule that defendants are entitled to disclosure of presentence reports with an opportunity to be heard on any prejudicial information. Justice Haneman and Justice Francis dissented, arguing against mandatory full disclosure.