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STATE v. ABBATI

195 N.J. Super. 218 (1984)

478 A.2d 1212

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. VINCENT M. ABBATI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 1984.

Attorney(s) appearing for the Case

Frederick P. DeVesa, Assistant Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney; Linda K. Calloway, Deputy Attorney General, on the brief).

Mark E. Roddy argued the cause for respondent (Goldenberg, Mackler & Sayegh, P.A., attorneys).

Before Judges MATTHEWS, J.H. COLEMAN and GAULKIN.

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

Defendant was tried twice on charges of first-degree kidnapping (N.J.S.A. 2C:13-1(b)(1)), first-degree aggravated sexual assault (N.J.S.A. 2C:14-2(a)(3) and (4)), fourth-degree unlawful possession of knives (N.J.S.A. 2C:39-5(d)) and third-degree possession of a knife for an unlawful purpose (N.J.S.A. 2C:39-4(d)). Each prosecution ended in a mistrial when the jury reported itself...

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