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STATE v. HERMALYN

Docket No. A-2287-11T4.

STATE OF NEW JERSEY, Plaintiff-Appellant, v. ROY HERMALYN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 24, 2012.

Attorney(s) appearing for the Case

Catherine A. Foddai, Senior Assistant Prosecutor, argued the cause for appellant (John L. Molinelli, Bergen County Prosecutor, attorney; Ms. Foddai, of counsel and on the brief).

Eric Tunis argued the cause for respondent (Greenbaum Rowe Smith & Davis, and Brickfield & Donahue, attorneys; Mr. Tunis, Nicholas P. Grippo and Paul B. Brickfield, of counsel and on the brief).

Before Judges Reisner and Simonelli.

NOT FOR PUBLICATION

PER CURIAM.

By leave granted, the State appeals from a September 1, 2011 order of the trial court, dismissing with prejudice count twenty-three of a multi-count indictment against defendant Roy Hermalyn. This count charged defendant with second-degree official misconduct by engaging in sexual conduct with the victim while defendant was a public servant. N.J.S.A. 2C:30-2a.1 The trial...

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