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STATE v. LAGANELLA

144 N.J. Super. 268 (1976)

365 A.2d 224

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NICHOLAS A. LAGANELLA, AND P.T. & L. CONSTRUCTION COMPANY, INCORPORATED, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1976.

Attorney(s) appearing for the Case

Mr. Richard W. Berg, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Theodore W. Geiser argued the cause for respondents (Messrs. McElroy, Connell, Foley & Geiser, attorneys; Mr. Kevin J. Coakley on the brief).

Before Judges FRITZ, SEIDMAN and MILMED.

The opinion of the court was delivered by FRITZ, P.J.A.D.

Two important questions present themselves in this appeal by the State from the dismissal of the indictment by the trial judge during the State's case. These involve (1) the considerations which should affect the exercise of discretion by a trial judge in dealing with discovery problems in the criminal trial, and (2) double jeopardy. We address ourselves to the problems in that order, for if the trial judge...

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