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STATE v. BROWN

927 A.2d 569 (2007)

394 N.J. Super. 492

STATE of New Jersey, Plaintiff-Appellant, v. Charles BROWN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 2007.

Attorney(s) appearing for the Case

Laurie A. Corson, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for appellant (Joshua M. Ottenberg, Acting Camden County Prosecutor, attorney; Ms. Corson, of counsel and on the brief).

Mark A. Fury argued the cause for respondent.

Gibbons, attorneys for amicus curiae New Jersey Coalition for Battered Women (Lawrence S. Lustberg, of counsel; Megan Lewis, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and SABATINO.

The opinion of the court was delivered by

STERN, P.J.A.D.

Following dismissal of an indictment charging defendant Charles Brown ("defendant") with sexual assault, criminal sexual contact and aggravated assault, the State appeals to us, contending that the trial judge improperly dismissed the indictment based on the doctrine of collateral estoppel after a final restraining order ("FRO") in a domestic violence case covering the same incident had been denied...

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