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STATE v. CHILDS

242 N.J. Super. 121 (1990)

576 A.2d 42

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD CHILDS AND SUPREME NEWARK, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 3, 1990.

Attorney(s) appearing for the Case

Leslie F. Schwartz, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Leslie F. Schwartz, of counsel and on the brief).

David A. Ruhnke argued the cause for respondent Richard Childs (Ruhnke & Barrett, attorneys; David A. Ruhnke, on the brief).

No brief was filed on behalf of respondent Supreme Newark, Inc.

Before Judges BRODY, MUIR, Jr. and SKILLMAN.

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

The State appeals from an order in which the trial judge dismissed this three-count State grand jury indictment charging thefts, on the ground that a deputy attorney general infringed upon the grand jury's independent judgment. The judge also dismissed the first count of the indictment on the ground that it is duplicitous. We reverse because in our view the deputy attorney general's conduct did not infringe upon...

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