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STATE v. HALSEY

748 A.2d 634 (2000)

329 N.J. Super. 553

STATE of New Jersey, Plaintiff-Respondent, v. Byron HALSEY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 2000.

Attorney(s) appearing for the Case

Ivelisse Torres, Public Defender, for defendant-appellant (Matthew Astore, Deputy Public Defender II, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for plaintiff-respondent (Nancy A. Hulett, Deputy Attorney General, of counsel and on the brief).

Before Judges STERN, KESTIN and STEINBERG.

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

We affirm the order denying "defendant's motion to compel the State to release [] evidence" retained by the prosecutor for purposes of post-judgment DNA testing, substantially for the reasons expressed by Judge William L'E. Wertheimer in his oral opinion of October 30, 1998, as supplemented herein.

In this prosecution, tried as a capital case in 1988, the proofs...

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