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STATE v. PORRO

175 N.J. Super. 49 (1980)

417 A.2d 573

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALFRED A. PORRO, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1980.

Attorney(s) appearing for the Case

James Mayer, Assistant Prosecutor, argued the cause for appellant (Roger W. Breslin, Jr., Bergen County Prosecutor, Attorney; Susan W. Sciacca, Assistant Prosecutor, of counsel).

Michael A. Querques argued the cause for respondent.

Before Judges CRANE, MILMED and KING.

PER CURIAM.

This is an appeal by the State from an order of the Assignment Judge of Bergen County dated November 21, 1979 dismissing the indictment as it relates to Alfred A. Porro, Jr. on the ground of prosecutorial misconduct. The assignment judge found from the exhibits presented to him at the motion and the stipulations of counsel that after the indictment of defendant and another was voted on by the grand jury and returned to a judge of the Superior Court and...

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