The opinion of the court was delivered by
STERN, P.J.A.D.
On September 2, 2008, incident to the decision on defendant's motion for leave to appeal as an indigent, we dismissed the defendant's direct appeal from an order denying his motion to dismiss an indictment on double jeopardy grounds. Our order stated that we did so because "the denial of a pre-trial motion to dismiss the indictment ... does not constitute a final judgment." In his motion for reconsideration...
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