A criminal defense lawyer who, as an assistant Hudson County prosecutor, had a supervisory role in running a sex crimes unit is ethically barred from representing a suspect snared nine months after the lawyer left office, an appeals court says.

Though Donald Gardner, now of North Bergen’s Camacho Gardner, had no direct role in the identification or arrest of his eventual client, Elmo Rivadeneira, he had “substantial responsibility” for the investigation that led to the charges, the court held Tuesday in State v. Rivadeneira, A-1033-09.

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