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STATE v. BURNETT

798 A.2d 96 (2002)

351 N.J. Super. 222

STATE of New Jersey, Plaintiff-Appellant, v. James BURNETT, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 2002.

Attorney(s) appearing for the Case

William H. Schmidt, Bergen County Prosecutor, for appellant (Jessica A. Gomperts, Assistant Prosecutor, of counsel and on the brief).

Peter A. Garcia, Acting Public Defender, for respondent (Barbara A. Hedeen, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges PETRELLA, KESTIN, and STEINBERG.

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

The State appeals from an order dismissing a three-count indictment that had previously been returned by a Bergen County grand jury on June 15, 2000, charging defendant James Burnett with third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(7); third-degree possession of a weapon, a broomstick, with the purpose to use it unlawfully against the person or property of another, N.J.S.A. 2C:39-4...

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