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  5. 939 A.2d 834 (2008)
 

STATE EX REL. D.Y.

939 A.2d 834 (2008)

398 N.J. Super. 128

STATE of New Jersey in the Interest of D.Y., a juvenile.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 2008.

Attorney(s) appearing for the Case

Timothy M. Ellis, Assistant Prosecutor, argued the cause for appellant, State of New Jersey (Robert D. Bernardi, Burlington County Prosecutor, attorney; Mr. Ellis, of counsel and on the brief).

Lon Taylor, Assistant Deputy Public Defender, argued the cause for respondent, D.Y. (Yvonne Smith Segars, Public Defender, attorney; Mr. Taylor, of counsel and on the brief).

Before Judges COBURN, FUENTES and GRALL.

The opinion of the court was delivered by

COBURN, P.J.A.D.

The prosecutor filed a complaint in the Family Part charging D.Y., a juvenile, with conduct that if committed by an adult would constitute second degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). Subsequently, the prosecutor obtained dismissal of that complaint, and on the same day filed in its stead a complaint charging D.Y. with conduct that if committed by an adult would constitute murder...

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