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STATE v. FRANK

280 N.J. Super. 26 (1995)

654 A.2d 484

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EVELYN BERMAN FRANK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1995.

Attorney(s) appearing for the Case

Michael B. Jones, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Mr. Jones, of counsel and on the brief).

Edward M. Neafsey, Assistant Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Mr. Neafsey and Robert E. Lytle, Deputy Attorney General, of counsel and on the brief).

The Association of Criminal Defense Lawyers filed a brief amicus curiae (Whipple, Ross and Hirsh, attorneys; John C. Whipple on the brief).

Before Judges MICHELS, STERN and KEEFE.

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

On July 27, 1990, defendant pled guilty to count fourteen of a twenty-five count indictment charging her with "the unlawful release and abandonment of sewage sludge containing toxic pollutants ... which pose a present and potential threat to human health, living organisms and environment, into the waters of Newark Bay," in violation of N.J.S.A. 2C:17-2a(2), N.J.S.A. 2C:2-6 and N.J.S.A. 2C...

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