STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ROBERT DEL FINO, DEFENDANT-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued April 23, 1985.
Decided July 16, 1985.
Attorney(s) appearing for the Case
Harold J. Ruvoldt, Jr., Hudson County Prosecutor, argued the cause for appellant (Harold J. Ruvoldt, attorney; Anthony Pepe, Assistant Prosecutor, on the brief).
Seymour Margulies, Jersey City, argued the cause for respondent (Margulies, Margulies & Wind, Jersey City, attorneys).
Carol M. Henderson, Deputy Attorney General, argued the cause for amicus curiae Attorney General (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by O'HERN, J.
The central question in this appeal is whether one of two indicted co-conspirators may, after a separate trial and conviction, raise a challenge to the indictment that the co-conspirator timely raised before his trial. We hold that the circumstances of this case do not demonstrate the good cause required by Rule 3:10-2 to mount such an untimely challenge, nor do they reveal...
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