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STATE v. PISCOPO

131 N.J. Super. 257 (1974)

329 A.2d 563

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DOMINIC PISCOPO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1974.

Attorney(s) appearing for the Case

Mr. Joseph P. Lordi, Essex County Prosecutor, attorney for appellant (Mr. Martin F. Siegal, Assistant Prosecutor, of counsel and on the brief).

Mr. Michael A. Querques, attorney for respondent (Mr. Larry Bronson of counsel).

Before Judges CARTON, CRANE and KOLE.

PER CURIAM.

The State appeals, pursuant to leave granted, from an order of the trial court setting aside a jury verdict finding defendant guilty of possession of lottery slips and knowingly engaging as an employee of a lottery, and from an order granting a new trial. A previous trial ended in mistrial when the jury reported it was unable to come to a verdict.

The State's proofs were to the following general effect: It was shown that defendant had been kept...

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