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STATE v. SMITH

131 N.J. Super. 354 (1974)

330 A.2d 29

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH SMITH, MICHAEL RYTELEWSKI, HERBERT DOLAN AND JAMES W. HYRES, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1974.

Attorney(s) appearing for the Case

Mr. Joseph J. Rodgers, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Robert E. Levy argued the cause for appellant Smith.

Mr. Paul J. Feldman argued the cause for appellant Rytelewski (Mr. Charles Frankel, attorney).

Mr. Theodore J. Labrecque, Jr. argued the cause for appellant Dolan (Messrs. Labrecque, Parsons & Bassler, attorneys).

Mr. James J. McLaughlin argued the cause for appellant Hyres (Messrs. McLaughlin, Abbotts & Cooper, attorneys; Mr. Roland R. Formidoni, on the brief and on the appendix).

Before Judges MICHELS, MORGAN and DEMOS.

The opinion of the court was delivered by MORGAN, J.A.D.

Defendants, public officials of Jackson Township, appeal from an order, entered October 26, 1973, dismissing without prejudice Indictment 289-71 charging them in 14 counts with conduct amounting to extortion, misconduct in office and conspiracy to commit some or all of those offenses. Defendants Rytelewski, Dolan and Hyres also appeal, pursuant to leave granted, from an interlocutory order of April 19, 1974...

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