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STATE v. PHILLIPS

150 N.J. Super. 75 (1977)

374 A.2d 1236

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LEON PHILLIPS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1977.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Ms. Andrea R. Grundfest, Assistant Prosecutor, of counsel and on the brief).

Mr. Stanley C. Van Ness, Public Defender, attorney for respondent (Mr. Stanford M. Singer, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges LORA, CRANE and MICHELS.

PER CURIAM.

The State appeals as a matter of right from an order of the Law Division dismissing an indictment against defendant charging that on the 27th day of September 1974 he distributed a controlled dangerous substance, heroin, to an undercover police officer, in violation of N.J.S.A. 24:21-19 a(1). Defendant had previously been indicted for possession of heroin and possession of heroin with intent to distribute on the same date, namely September 27, 1974...

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