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STATE v. SWINT

745 A.2d 570 (2000)

328 N.J. Super. 236

STATE of New Jersey, Plaintiff-Respondent, v. Troy SWINT, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Corey Smith, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 2000.

Attorney(s) appearing for the Case

Alan Dexter Bowman, for defendant-appellant Troy Swint (Brown & Brown, attorneys; Mr. Bowman, of counsel and on the brief).

Barbara Hedeen, Assistant Public Deputy Public Defender, for defendant-appellant Corey Smith (Ivelisse Torres, Public Defender, attorney; Ms. Hedeen, of counsel and on the brief).

Russell J. Curley, Deputy Attorney General, for plaintiff-respondent (John J. Farmer, Jr., Attorney General, attorney; Mr. Curley, of counsel and on the brief).

Before Judges STERN, WEFING and STEINBERG.

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

These two appeals arise out of the same indictment and were argued together. We, therefore, consolidate them for the purposes of this opinion.

An Essex County Grand Jury returned Indictment No. 3475-10-96, charging defendants with second-degree conspiracy to commit kidnapping, aggravated assault and/or murder, N.J.S.A. 2C:5-2, N.J.S.A. 2C:13...

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