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STATE v. CAPONE

215 N.J. Super. 497 (1987)

522 A.2d 451

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

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1987.

Attorney(s) appearing for the Case

John H. Stamler, Union County Prosecutor, attorney for appellant (Thomas K. Isenhour, Assistant Prosecutor, of counsel and on the letter brief).

Flood and Basile, attorneys for respondent (Vincent W. Basile of counsel and on the letter brief).

Before Judges PETRELLA, GAYNOR and SCALERA.

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

The Union County Prosecutor appeals by leave granted from a March 26, 1986 order entered by the trial judge which permits defendant Vincent Capone, who was charged with aggravated sexual assault, to introduce at trial the results of an unstipulated polygraph examination, and requires the five year old victim to submit to a psychiatric examination before being allowed to testify as a witness.

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