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STATE v. GEORGES

786 A.2d 107 (2001)

345 N.J. Super. 538

STATE of New Jersey, Plaintiff-Respondent, v. Ashley GEORGES and Gatsby Destin, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 2001.

Attorney(s) appearing for the Case

Pope, Bergrin & Verdesco, for appellant Ashley Georges (John D. Caruso, Newark, of counsel and on the brief; Harley D. Breite, Wayne, on the brief).

Donald C. Campolo, Assistant Attorney General/Acting Prosecutor, for respondent (Barbara A. Rosenkrans, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges STERN, COLLESTER and PARKER.

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

We granted leave for defendant to appeal and granted a stay pending our determination of whether the trial judge's sua sponte declaration of a mistrial was improper resulting in a double jeopardy bar to defendant's retrial.1 We conclude that under the circumstances of this case, the double jeopardy bar applies.

Defendants were charged in an Essex County indictment...

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