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STATE v. RALPH BARONE & SONS

146 N.J. Super. 1 (1976)

368 A.2d 940

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RALPH BARONE & SONS, A NEW JERSEY CORPORATION, JOSEPH R. DeLUCA, MICHAEL LaMORGESE & SON, INC., A NEW JERSEY CORPORATION; MICHAEL LaMORGESE, JR., MILLINGTON NURSERIES, INC., A NEW JERSEY CORPORATION, IRVING BURACK, DEFENDANTS-RESPONDENTS. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RALPH BARONE & SONS, A NEW JERSEY CORPORATION, JOSEPH R. DeLUCA, ALISON CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, ARNOLD CRISCITIELLO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1976.

Attorney(s) appearing for the Case

Mr. Robert A. Farkas, Assistant Prosecutor, argued the cause for plaintiff-respondent (Ms. Anne E. Thompson, Mercer County Prosecutor, attorney; Mr. Robert A. Farkas, Assistant Prosecutor, of counsel and on the brief).

Mr. Robert H. Simandl argued the cause for defendants-respondents Ralph Barone & Sons and Joseph R. DeLuca (Messrs. Simandl, Leff and Waldor, attorneys; Mr. Robert H. Simandl on the brief, Mr. Daniel Leff of counsel).

Mr. H. Frank Pettit argued the cause for defendants-re spondents Alison Construction Company and Arnold Criscitiello (Messrs. Pettit, Higgins and Devlin, attorneys; Mr. H. Frank Pettit on the brief).

Mr. Richard A. Rafanello argued the cause for defendants-respondents Michael LaMorgese and Son., Inc. and Michael LaMorgese, Jr. Millington Nurseries, Inc. and Irving Burack.

No appearance on behalf of defendants-respondents.

Before Judges CARTON, KOLE and LARNER.

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

The trial judge struck and dismissed counts IV, VIII and XII of Indictment No. 875-73 and count IV of Indictment No. 876-73. As to both indictments it also struck paragraphs alleging certain criminal acts as part of conspiracies that were charged: Indictment No. 875-73, paragraphs D and E of counts I and IX and C and D of count V; and Indictment No. 876-73, paragraphs D

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