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STATE v. CRUZ

794 A.2d 165 (2002)

171 N.J. 419

STATE of New Jersey, Plaintiff-Respondent, v. Luis A. CRUZ, Jr., Defendant-Appellant.

Supreme Court of New Jersey.

Decided April 9, 2002.

Attorney(s) appearing for the Case

Fred B. Last, Assistant Public Defender, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney; Mr. Last and Jorge C. Godoy, Deputy Public Defender, of counsel).

Keith M. Warburton, First Assistant Prosecutor, argued the cause for respondent (Andrew N. Yurick, II, Gloucester County Prosecutor, attorney).

Robert E. Bonpietro, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).

The opinion of the Court was delivered by STEIN, J.

In this capital murder prosecution that was tried to a jury from January 17 to March 6, 2001, the trial court declared a mistrial because the jury was unable to reach a unanimous verdict on any count. After the Law Division denied defendant's post-trial motion to dismiss the capital murder count, we granted defendant's motion for leave to appeal that denial. Accordingly, the critical issue before us is whether principles...

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