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STATE v. HERMALYN

Docket No. A-2287-11T4.

STATE OF NEW JERSEY, Plaintiff-Appellant, v. ROY HERMALYN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 24, 2012.

Attorney(s) appearing for the Case

Catherine A. Foddai , Senior Assistant Prosecutor, argued the cause for appellant ( John L. Molinelli , Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and on the brief).

Eric Tunis argued the cause for respondent (Greenbaum Rowe Smith & Davis, and Brickfield & Donahue, attorneys; Mr. Tunis, Nicholas P. Grippo and Paul B. Brickfield , of counsel and on the brief).

Before Judges Reisner and Simonelli.

NOT FOR PUBLICATION

PER CURIAM.

By leave granted, the State appeals from a September 1, 2011 order of the trial court, dismissing with prejudice count twenty-three of a multi-count indictment against defendant Roy Hermalyn. This count charged defendant with second-degree official misconduct by engaging in sexual conduct with the victim while defendant was a public servant. N.J.S.A. 2C:30-2a.1 The trial...

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