After two courts found that a reputed mobster is too rich to qualify for a public defender, the state Supreme Court has decided to take up the matter.
Prosecutors say 69-year-old Alfonso Cataldo of Florham Park has enough money to pay for his own defense.
Cataldo is among 35 defendants charged in a $2.2 billion gambling ring allegedly operated by the Lucchese crime family.
He has been indicted on racketeering, gambling, money laundering and other charges.
The Star-Ledger of Newark reports that a criminal division manager in Superior Court in Morristown found Cataldo to be indigent after an interview. However, Deputy Attorney General Mark Eliades says Cataldo has $1.4 million in assets.
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