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STATE v. LAVARY

163 N.J. Super. 576 (1978)

395 A.2d 524

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PATRICIA LAVARY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 27, 1978.

Attorney(s) appearing for the Case

Messrs. Aaron, Rubin & Rossi, attorneys for appellant (Mr. Steven C. Rubin, of counsel; Mr. Barth F. Aaron, on the brief).

Mr. John J. Degnan, Attorney General, attorney for respondent (Mr. Frederick S. Cohen, Deputy Attorney General, of counsel and on the brief).

Before Judges MATTHEWS, KOLE and MILMED.

PER CURIAM.

Defendant was indicted and convicted on three counts charging conspiracy with an "undercover agent of the Maryland State Police." Two counts charged conspiracy to commit atrocious assault and battery; one charged conspiracy to commit mayhem. Defendant and the undercover agent were the only individuals named in the indictment.

Following conviction defendant moved before the trial judge seeking (1) merger of the three counts of the indictment; (2...

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