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STATE v. COLBERT

245 N.J. Super. 53 (1990)

583 A.2d 1145

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CHARLES COLBERT AND JACK COLBERT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1990.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Larry R. Etzweiler of counsel and on the brief).

Michael J. Marucci, Assistant Deputy Public Defender, argued the cause for respondents (Wilfredo Caraballo, Public Defender, attorney; Michael J. Marucci of counsel and on the brief).

Before Judges J.H. COLEMAN, ASHBEY and LANDAU.

Opinion of the court was delivered by LANDAU, J.A.D.

This appeal which we consider on leave granted to the State challenges the dismissal of an August 1986 State Grand Jury indictment by the Superior Court, Law Division, Somerset County, following motions by defendants-respondents Charles and Jack Colbert which invoked principles of mandatory joinder (N.J.S.A. 2C:1-8b; R. 3:15-1(b)), double jeopardy and impermissible fractionalization of offenses. The...

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