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STATE v. LAND

870 A.2d 634 (2005)

376 N.J. Super. 289

STATE of New Jersey, Plaintiff-Appellant, v. Frank LAND, Steven Budge, and John Budge, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2005.

Attorney(s) appearing for the Case

Peter C. Harvey, Attorney General, attorney for appellant (Tanya Y. Justice, Deputy Attorney General, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent Frank Land (David A. Nufrio, Deputy Public Defender, of counsel and on the brief).

Patti & Patti, attorneys for respondent Steven Budge joins in the brief of respondent Frank Land.

Robert A. Mattia, Newton, attorney for respondent John Budge joins in the brief of respondent Frank Land.

Before Judges NEWMAN, AXELRAD and HOLSTON.

The opinion of the court was delivered by

NEWMAN, P.J.A.D.

The State of New Jersey (State) appeals from an order dismissing the State Grand Jury Indictment No. SGJ473-03-2 returned against the three defendants, Frank Land, Steven Budge and John Budge, on a single count of attempted theft by deception in the third-degree. The gravamen of the criminal charge was the infliction of additional property damage to a home after a weather related incident to inflate...

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