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STATE v. ABBATI

99 N.J. 418 (1985)

493 A.2d 513

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

The Supreme Court of New Jersey.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Mark E. Roddy argued the cause for appellant and cross-respondent (Goldenberg, Mackler & Sayegh, attorneys).

Linda K. Calloway, Deputy Attorney General, argued the cause for respondent and cross-appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by HANDLER, J.

This appeal presents the issue whether, and under what authority and standards, a trial court may dismiss an indictment with prejudice after a defendant has been twice tried for the same offense and each prosecution has ended in a mistrial due to a hung jury.

I.

The defendant, Vincent Abbati, Jr., was indicted and charged in four counts with first degree kidnapping (N.J.S.A. 2C:13-1(b)...

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