STATE v. ROTH


154 N.J. Super. 363 (1977)

381 A.2d 406

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GEORGE J. ROTH, EDWARD J. SMAGALLA AND BETTY A. BENEZIA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 1977.


Attorney(s) appearing for the Case

Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney for appellant (Mr. Paul M. DePascale, Assistant Prosecutor, on the brief).

Messrs. Nulty and Hayden, attorneys for respondent Edward J. Smagalla (Mr. John P. Nulty, of counsel; Mr. S. Peter Lee on the brief).

Respondents George J. Roth and Betty A. Venezia filed no briefs.

Before Judges FRITZ, BOTTER and ARD.


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

Pursuant to leave granted, the State appeals from an interlocutory order of the County Court denying the State's motions to vacate discovery requirements under R. 3:13-3 in three cases pending in the Hudson County District Court involving violations of N.J.S.A. 39:4-50(a) or N.J.S.A. 39:4-50(b). Only defendant Edward J. Smagalla has filed a brief in opposition.

The disputed order of...

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