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STATE v. BANKO

834 A.2d 1087 (2003)

364 N.J. Super. 210

STATE of New Jersey, Plaintiff-Appellant, v. Michael W. BANKO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 2003.

Attorney(s) appearing for the Case

John J. Scaliti, Assistant Prosecutor, argued the cause for appellant (John L. Molinelli, Bergen County Prosecutor, attorney; Mr. Scaliti of counsel and on the brief).

Donald Horowitz, Hackensack, argued the cause for respondent (Mr. Horowitz of counsel and on the brief; Kelly Berton Rocco, on the brief).

Before Judges PETRELLA, COLLESTER and FUENTES.

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

The State appeals the order of the Law Division vacating a jury verdict convicting defendant of second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a, and ordering a new trial. The same jury acquitted defendant of attempted aggravated sexual assault, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:14-2a(4), first-degree kidnapping pursuant to N.J.S.A. 2C:13-1b(1) and fourth...

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