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STATE v. LYONS

Docket No. A-4893-09T2

9 A.3d 596 (2010)

417 N.J. Super. 251

STATE of New Jersey, Plaintiff-Appellant, v. Richard LYONS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 2010.

Attorney(s) appearing for the Case

Frank J. Ducoat , Deputy Attorney General, argued the cause for appellant ( Paula T. Dow , Attorney General, attorney; Mr. Ducoat, of counsel and on the brief).

Stephen P. Hunter , Assistant Deputy Public Defender, argued the cause for respondent ( Yvonne Smith Segars , Public Defender, attorney; Mr. Hunter, of counsel and on the brief).

Before Judges LISA, REISNER and SABATINO.

The opinion of the court was delivered by

LISA, P.J.A.D.

Defendant was charged in a three-count indictment with possessing, offering and distributing child pornography by use of a peer-to-peer file sharing network on the Internet. The trial court granted defendant's motion to dismiss the counts charging offering and distributing, both second-degree crimes in violation of N.J.S.A. 2C:24-4b(5)(a).1 The court was of the view...

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