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STATE v. VAN LANDUYT

157 N.J. Super. 469 (1978)

385 A.2d 236

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PHILIP VAN LANDUYT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1978.

Attorney(s) appearing for the Case

Mr. Salim J. Balady, Assistant Deputy Public Defender, argued the cause on behalf of appellant (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. John A. Snowden, Jr., Assistant Deputy Public Defender, on the brief).

Mr. Gary H. Schlyen, Assistant Prosecutor, argued the cause on behalf of respondent (Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney).

Before Judges MICHELS, PRESSLER and BILDER.

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

Pursuant to leave of this court, defendant Philip Van Landuyt appeals from an order of the Law Division denying his motion to dismiss an indictment charging him with larceny of a motor vehicle and its contents on the ground that prosecution thereunder would violate the constitutional prohibition against double jeopardy.

On November 24, 1976 defendant was arrested by the Passaic County Park Police while...

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