TRIARSI, J.S.C.
This is a motion to dismiss the indictment wherein the question before the court appears to be one of first impression. Simply stated, does due process require the dismissal of an indictment where certain documentary evidence claimed to be essential to the defense was utilized by defendants in a prior civil proceeding in the Superior Court and inexplicably lost while in the custody and possession of that court or the clerk of the Surrogate's Court...
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