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STATE v. RUSSO

213 N.J. Super. 219 (1986)

516 A.2d 1161

STATE OF NEW JERSEY, PLAINTIFF, v. DAVID MARK RUSSO, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Gloucester County.

Decided April 25, 1986.

Attorney(s) appearing for the Case

Keith E. Johnson, Assistant Prosecutor, for plaintiff (Alvin G. Shpeen, Prosecutor of Gloucester County, attorney).

David M. Kairys of the Pennsylvania Bar admitted pro hac vice and P. Jeffrey Wintner, Deputy Public Defender and Fred B. Last, Assistant Public Defender, for defendant. (Thomas S. Smith, Acting Public Defender, attorney).

ALVINO, J.S.C.

Defendant, David Mark Russo was indicted on 18 counts of criminal offenses including murder (death penalty), weapons and other related offenses. He brings this motion seeking dismissal of the indictment based upon the claim that he was indicted by a grand jury which was unlawfully and unconstitutionally selected. He further requests the entry of an order staying his jury trial or re-indictment until...

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