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STATE v. McDONOUGH

766 A.2d 299 (2001)

337 N.J. Super. 27

STATE of New Jersey, Plaintiff-Respondent, v. Frank E. McDONOUGH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 2001.

Attorney(s) appearing for the Case

William B. Smith, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Mr. Smith, of counsel and on the brief).

Joseph Connor, Jr., Assistant Morris County Prosecutor, argued the cause for respondent (John B. Dangler, Morris County Prosecutor, attorney; Mr. Connor, on the brief).

Before Judges SKILLMAN, CONLEY and LESEMANN.

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

Defendant was indicted together with codefendant Michelle LeDonne for capital murder, in violation of N.J.S.A. 2C:11-3(a)(1),(2), and other related charges. At the beginning of the initial joint trial, the codefendant entered into a plea bargain pursuant to which she agreed to plead guilty to reduced charges and testify against defendant. The trial court then declared a mistrial and defendant was...

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