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STATE v. MOSCONE

No. 2009-559.

13 A.3d 137 (2011)

The STATE of New Hampshire v. John MOSCONE.

Supreme Court of New Hampshire.

Opinion Issued: January 13, 2011.

Attorney(s) appearing for the Case

Michael A. Delaney , attorney general ( Nicholas Cort , assistant attorney general, on the brief and orally), for the State.

Jeffco & Starbranch, of Portsmouth ( Harry N. Starbranch, Jr. on the brief and orally), for the defendant.

DALIANIS, C.J.

The defendant, John Moscone, was convicted of two class B felony counts of using computer services in a manner prohibited by law. See RSA 649-B:4 (2007) (amended 2008). On appeal, he argues that the Superior Court (Groff, J.) erred by: (1) instructing the jury on the wrong mental state; (2) failing to dismiss the indictments against him; (3) admitting evidence of his identity obtained after he was unlawfully arrested; (4) finding that...

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