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STATE v. BROWN

289 N.J. Super. 285 (1996)

673 A.2d 834

STATE OF NEW JERSEY, PLAINTIFF/APPELLANT, v. CURTIS BROWN, DEFENDANT/RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1996.

Attorney(s) appearing for the Case

Thomas Cannavo, Assistant Prosecutor, argued the cause for appellant (Daniel J. Carluccio, Ocean County Prosecutor, attorney; Lawrence Welle, Assistant Prosecutor, of counsel; Michelle Tedesco, Assistant Prosecutor, on the brief).

Gerald Boswell, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney; Mr. Boswell, of counsel and on the brief).

Before Judges SHEBELL, STERN and WALLACE.

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

The State appeals from the dismissal of a 1995 indictment for a 1978 felony murder. A prior indictment returned in 1994 had been dismissed in March 1995. Shortly thereafter, the case was again presented to the grand jury and defendant was indicted for murder in violation of N.J.S.A. 2A:113-1. Defendant moved to dismiss the indictment for prosecutorial misconduct in failing to notify the Assignment Judge...

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