STATE v. MERLINO


153 N.J. Super. 12 (1977)

378 A.2d 1152

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ANTHONY MERLINO ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 26, 1977.


Attorney(s) appearing for the Case

Mr. William F. Hyland, Attorney General, attorney for appellant (Mr. Robert E. Rochford, Deputy Attorney General, of counsel and on the brief).

Messrs. Stockman, Marinari, Smithson & O'Donnell, attorneys for respondents Anthony Merlino and Ida Lois Merlino (Ms. Maria Marinari Sypek on the brief).

Messrs. Lenox, Giordano, Devlin, Delehey & Socey, attorneys for respondents Pasquale Louis Cesaro and Ambilia Mary Cesaro (Mr. Nicholas M. Giordano, Jr., on the brief).

Mr. Vincent J. Convery, attorney for respondent Elizabeth Gibson.

Mr. John J. Barry, attorney for respondent Harry N. Van Doren.

No briefs filed by William Bethea and Henritta Dorothy Bethea and Grace Kelly.

Before Judges HALPERN, LARNER and KING.


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

The State appeals from the order of the Assignment Judge of Mercer County dismissing the indictment as to all defendants because of the denial of the constitutional right to a speedy trial. U.S. Const., Amend. VI; R. 3:25-3. Complaints were filed on January 10, 1972 against these defendants for violation of the gambling laws. They were arrested on...

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