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STATE v. GRUBER

829 A.2d 284 (2003)

362 N.J. Super. 519

STATE of New Jersey, Plaintiff-Appellant, v. Daniel GRUBER, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2003.

Attorney(s) appearing for the Case

Charles Ouslander, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Acting Attorney General, attorney; Mr. Ouslander, of counsel and on the brief).

Nathan Z. Dershowitz,(Dershowitz, Eiger & Adelson) of the New York bar, admitted pro hac vice, New York City, argued the cause for respondent (Flood & Basile, attorneys, Hackensack; Daniela Klare Elliott, of counsel; Raymond F. Flood and Mr. Dershowitz, on the brief).

Before Judges A.A. RODRIGUEZ, WELLS and PAYNE.

The opinion of this court was delivered by PAYNE, J.A.D.

The State appeals from the trial court's dismissal pursuant to N.J.S.A. 2C:1-3f of an indictment charging defendant Daniel Gruber with second-degree child endangerment (distribution of child pornography), N.J.S.A. 2C:24-4b(5)(a), and fourthdegree child endangerment (possession of child pornography), N.J.S.A. 2C:24-4b(5)(b). The court premised the...

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