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STATE v. COOPER

307 N.J. Super. 196 (1997)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES COOPER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1997.

Attorney(s) appearing for the Case

Clifford J. Minor, Essex County Prosecutor, attorney for appellant (Raymond W. Hoffman, Assistant Prosecutor, of counsel and on the brief).

Pope, Grossman, Bergrin, Toscano & Verdesco, attorneys for respondent (Gina L. Mendola, on the brief).

Before Judges LONG, STERN and KLEINER.

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

The State appeals from the dismissal of an indictment charging defendant with possession of heroin, N.J.S.A. 2C:35-10a(1) (count one), and possession of heroin with intent to distribute, N.J.S.A. 2C:35-5b(3). The indictment was dismissed after the trial judge declared a mistrial, at defendant's request, because of the State's violation of a sequestration order. The judge concluded that the mistrial...

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