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STATE v. COLLETTE

257 N.J. Super. 557 (1992)

608 A.2d 990

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WALTER COLLETTE, GENE DORN, AND HAROLD MOSEE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney).

Peter L. Bruso argued the cause for respondent Walter Collette (Jacobs, Bruso & Barbone, attorneys).

Jacqueline E. Turner, Assistant Deputy Public Defender, argued the cause for respondent Gene Dorn (Wilfredo Caraballo, Public Defender, attorney).

Michael L. Testa argued the cause for respondent Harold Mosee (Basile, Testa & Testa, attorneys).

Before Judges PRESSLER, SHEBELL and D'ANNUNZIO.

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

The issue is whether we should dismiss on double jeopardy grounds the State's appeal from judgments of acquittal entered by the trial court at the close of the State's case.

Atlantic County Indictment No. 89-12-3515 (State Grand Jury Indictment SGJ233-89-3(1)) charged defendants-respondents Walter Collette, Gene Dorn, and Harold Mosee with conspiracy...

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