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STATE v. ALFANO

305 N.J. Super. 178 (1997)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWARD N. ALFANO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Peter S. Hamerslag and Simon Louis Rosenbach, Assistant Middlesex County Prosecutors, argued the cause for appellant (Robert W. Gluck, Middlesex County Prosecutor, attorney; Mr. Hamerslag and Mr. Rosenbach, of counsel; Mr. Rosenbach, on the brief).

Steven D. Altman argued the cause for respondent (Benedict & Altman, attorneys; Mr. Altman and Doris E. McNeil, on the brief).

Before Judges LONG, STERN and KIMMELMAN.

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

The State appeals, pursuant to leave granted, from portions of an order of the Law Division entered on March 12, 1997, "recusing Assistant Prosecutor Peter Hamerslag from prosecuting the case of M.M.K. as the alleged victim" and severing the counts of the indictment relating to M.M.K. from those relating to victim M.A.R. We reverse the order disqualifying the prosecutor and remand for further proceedings on the...

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