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STATE v. DARBY

246 N.J. Super. 432 (1991)

587 A.2d 1309

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT J. DARBY, KATHLEEN C. DARBY, AND KIM HANDY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney, Larry R. Etzweiler of counsel and on the brief).

Katherine F. Graham, Designated Counsel, argued the cause for respondent Robert J. Darby (Wilfredo Caraballo, Public Defender, attorney, Katherine F. Graham of counsel and on the brief).

William E. Norris, Designated Counsel, argued the cause for respondent Kathleen C. Darby (Wilfredo Caraballo, Public Defender, attorney, William E. Norris of counsel and on the brief).

Abby P. Schwartz, Assistant Deputy Public Defender, argued the cause for respondent Kim Handy (Wilfredo Caraballo, Public Defender, attorney, Abby P. Schwartz of counsel and on the brief).

Before Judges KING, R.S. COHEN and STERN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

Defendants were indicted by the State Grand Jury for conspiracy to commit theft (N.J.S.A. 2C:5-2; 2C:20-4; 2C:20-9), and theft of over $3 million by failing to make required disposition (N.J.S.A. 2C:20-9).1 They moved to dismiss the indictment on double jeopardy grounds, citing the punitive effects of the Chancery Division judgment rendered against them for securities...

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