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STATE v. GALLEGAN

117 N.J. 345 (1989)

567 A.2d 204

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIAM GALLEGAN AND WILLIAM O'HAGEN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 20, 1989.

Attorney(s) appearing for the Case

Samuel J. Marzarella, Assistant Prosecutor, argued the cause for appellant (James W. Holzapfel, Ocean County Prosecutor, attorney).

Gaetano J. Alaimo argued the cause for respondents.

John Kennedy, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter N. Perretti, Jr., Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

Stripped of its procedural prolixity, the central question in this appeal is whether a determination by a municipal court judge to adjourn the continued trial of a case because of the unavailability of the municipal prosecutor who had tried the earlier portions of the case constituted a termination of the trial, thus barring renewal of the trial under principles of double jeopardy. We hold that principles of double...

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