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STATE v. PORTOCK

205 N.J. Super. 499 (1985)

501 A.2d 551

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JACK PORTOCK, ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 20, 1985.

Attorney(s) appearing for the Case

Donald S. Burak, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney; Donald S. Burak, Deputy Attorney General and Charles M. Grinnell, Deputy Attorney General, of counsel and on the brief).

Steven C. Harris argued the cause for respondent Jack Portock (Harris & Fauntleroy, attorneys; Gregory Imperiale, on the brief).

Alfred R. Scerni argued the cause for respondent Martin Stone, Jr. (Wilson, Fusco & Scerni, attorneys; Vincent P. Riccardi, on the brief).

John J. Finnegan, III, argued the cause for respondent Anthony Grover (Finnegan & Barth, attorneys).

John J. Montefusco argued the cause for respondent Diane Shedlock (Montefusco & Kesselman, attorneys).

Before Judges KING, O'BRIEN and SCALERA.

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

In this case the State appeals by leave granted from a dismissal of certain counts of this multi-count indictment following the prosecutor's opening statements. R. 2:3-1(b)(1). Since we cannot analytically distinguish this case in any way from State v. Lynch, 79 N.J. 327 (1979), we affirm the ruling of the Law Division judge because the Federal and State Double Jeopardy...

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