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STATE v. RUFFIN

853 A.2d 311 (2004)

371 N.J.Super. 371

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

Superior Court of New Jersey, Appellate Division.

Decided July 27, 2004.

Attorney(s) appearing for the Case

James F. Avigliano, Passaic County Prosecutor, attorney for appellant (Steven E. Braun, Chief Assistant Prosecutor, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent (Robert Seelenfrend, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges COLLESTER, FUENTES and BILDER.

The opinion of the court was delivered by

COLLESTER, J.A.D.

The State appeals from an order of the Law Division dismissing an indictment against defendant Michael Ruffin with prejudice. We reverse.

Defendant was indicted by a Passaic County grand jury for the crimes of third-degree burglary (N.J.S.A. 2C:18-2), fourth-degree theft (N.J.S.A. 2C:20-3) and fourth-degree credit card theft (N.J.S.A. 2C:21-6c(1)). His first trial ended...

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