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STATE v. MONTIJO

727 A.2d 533 (1998)

320 N.J. Super. 483

STATE of New Jersey, Plaintiff, v. Orlando MONTIJO, Defendant.

Superior Court of New Jersey, Law Division, Essex County.

Decided July 2, 1998.

Attorney(s) appearing for the Case

H. Rutherford Livingood, II, Assistant Prosecutor, for plaintiff (Patricia Hurt, Essex County Prosecutor).

Edward A. Berger, Newark, for defendant.

WEISSBARD, J.S.C.

Defendant Orlando Montijo moves to dismiss an indictment charging him with aggravated assault and related weapons offenses due to the State's negligent loss of statements taken from both the victim and an eyewitness, as well as police photographs of the crime scene. The court heard argument and then conducted an evidentiary hearing.

The indictment charges the defendant with an aggravated assault on Heriberto Garcia on May 4, 1997. According...

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