The opinion of the court was delivered by SHEBELL, J.A.D.
Defendant-appellant Thomas DeMarco was convicted by a jury of possessing gambling records (N.J.S.A. 2C:37-3) and was sentenced to three years of probation with the condition that he serve 60 days in the county jail and was fined $1,500.
At the first trial, defendant's motion for mistrial was granted because the prosecutor in his opening statement to the jury stated that his office had received...
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