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STATE v. KRELL

125 N.J. Super. 457 (1973)

311 A.2d 399

THE STATE OF NEW JERSEY, PLAINTIFF, v. JAMES KRELL, JR., STEVEN L. ABLEMAN, STEVEN I. LIEBERMAN, PETER AXELROD, HARRIS D. LESAVOY, PAUL I. CHALEFT AND STEPHEN H. MILLER, DEFENDANTS.

Superior Court of New Jersey, Law Division (Criminal).

Decided November 1, 1973.

Attorney(s) appearing for the Case

Mr. John J. Pribish, Assistant Prosecutor for the State (Mr. John S. Kuhlthau, Middlesex County, Prosecutor, attorney).

Mr. Stephen N. Dermer for defendant Ableman (Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys).

Mr. Barry D. Maurer for defendant LeSavoy (Messrs. Maurer & Maurer, attorneys).

Mr. James B. Brown, Jr. for defendant Miller (Mr. Alex Eber, Deputy Public Defender, attorney).

STROUMTSOS, J.S.C.

This is a motion brought by defendants Steven L. Ableman, Harris D. LeSavoy and Stephen H. Miller to dismiss Indictment No. 498-72 returned by the Middlesex County grand jury, charging them in four counts with violations of the Controlled Dangerous Substance Act, N.J.S.A. 24:21-1 et seq. (hereinafter the "act").

They contend that N.J.S.A. 24:21-25 bars their prosecution...

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