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STATE v. MILES

231 N.J. Super. 27 (1989)

555 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BARRY K. MILES, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1989.

Attorney(s) appearing for the Case

John H. Stamler, Union County Prosecutor, attorney for appellant (Steven J. Kaflowitz, Assistant Prosecutor, Of Counsel and on the letter brief).

Alfred A. Slocum, Public Defender, attorney for respondent (Bernadette DeCastro, Assistant Deputy Public Defender, Of Counsel and on the letter brief).

Before Judges J.H. COLEMAN and D'ANNUNZIO.

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

Pursuant to leave granted, the State appeals an order dismissing count four of Union County Indictment 1309-11. Count four charged defendant with unlawfully and knowingly maintaining or operating a "premises, place or facility used for the manufacture of Schedule I or Schedule II narcotic drugs...." Although the trial court was satisfied that the evidence...

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